It’s Not About Football, But . . . Arbitrator’s Decision Vacated, then Upheld, on Issue Not in Original Reference

Football fans on either side of Deflategate will see the corollaries here. Over a span of years, a drywall company made several attempts to withdraw from the contractors’ association that bargains with particular unions. The company ended up in arb… Read More
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Agreement to Arbitrate May Not Require a Written Contract

From two different courts in two different states on two very different claims come the same concept: an agreement to arbitrate may be binding even without a signed contract. One comes via an unsigned law firm partnership agreement, and the other via… Read More
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Legality of contract with arbitration clause is to be determined by court and not by arbitrator

One party argued throughout an arbitration proceeding that the agreement containing the arbitration clause was illegal and void as against public policy. The other side had obtained an order compelling arbitration, and then prevailed in front of the… Read More
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Reference to AAA Construction Industry Rules means that parties agreed to have arbitrator determine arbitrability

A Florida Court of Appeal has concluded that an arbitration clause incorporating the AAA Construction Industry Arbitration Rules means that the parties intended to submit issues of arbitrability to the arbitrator and not to the courts. The parties ha… Read More
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Arbitrators were not authorized to award attorneys’ fees in situation where court could have done so

An arbitration panel applying the AAA commercial arbitration rules awarded one party its attorneys’ fees, on the grounds that “substantially all of the defenses were wholly insubstantial, frivolous and not advanced in good faith.” Had a Massach… Read More
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Alleged pre-employment misrepresentations were within scope of employment agreement arbitration clause

The prospective employee in California was promised certain compensation and commissions if he joined the company in Illinois. When he joined, he signed an employment agreement calling for arbitration of disputes in New York. It was not a good marria… Read More
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An issue outside the scope of the arbitration clause? Handle with care!

One of the limited bases to object to an arbitration award, under the Federal Arbitration Act or any of the state arbitration laws, is that the arbitrator ruled on an issue outside the scope of the arbitration agreement. Another concept, supported by… Read More
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Arbitrability of Class Action Claims – Turn-About is Fair Play

The normal pattern is for employees or consumers to challenge in court the scope of arbitration, and whether it is for the arbitrator or the court to make that determination. A California federal court judge has issued a decision against Guess?, Inc.… Read More
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Arbitration Clause May Not Be Effective Waiver of Right to Trial

A New Jersey Appellate Division court has held that an arbitration clause must effectively spell out what court or litigation rights are being given up, in order for the parties to be required to arbitrate. The decision makes no mention of the Federa… Read More
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Owner’s Claim for Defective Work Not Barred by Prior Arbitration

A contractor who successfully pursued payment in arbitration objected when the public authority owner subsequently filed a lawsuit claiming defective work. The contractor argued that the lawsuit was barred by doctrines of res judicata or collateral e… Read More
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About Stan Martin

Stanley A. Martin's Profile Image
Stan Martin holds a law degree and an undergraduate degree in architecture. He has been involved with the construction industry for more than 45 years, working in construction prior to law school and beginning his construction law practice. Over the course of his career, he has served on boards and committees for organizations including the Associated General Contractors of Massachusetts, the Boston Society of Architects, and the Massachusetts Building Congress.

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