Arbitration

People who want to register for a Tough Mudder obstacle course event must acknowledge assent to terms and conditions, which include a mediation and arbitration clause. But what happens if the event is moved at the last minute from Massachusetts to Ma… Read More

Homeowners who claimed not to have read the contract nonetheless signed a 10-page form with two critical items: (1) a check box indicating arbitration and not litigation for dispute resolution, and (2) incorporation by reference of general conditions… Read More

Most readers are familiar with the concept that performance bond sureties expect to recoup, from their principals, every dollar of cost incurred in responding to demands on the bond. And most readers are aware that the typical general indemnity agree… Read More

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

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

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

An arbitration panel applying the AAA commercial arbitration rules awarded one party its attorneys’ fees, on the grounds that “substantially all of the defenses [of the other party] were wholly insubstantial, frivolous and not advanced in good fa… Read More

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