Federal Arbitration Act
Federal Arbitration Act Exclusion Does Not Apply to Local Delivery Drivers
November 30th, 2022
Local delivery drivers for Postmates must arbitrate their wage-related claims, per the First Circuit Court of Appeals. The Court ruled against a purported coalition of couriers, holding that the exemption from the Federal Arbitration Act for “worke…
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Categories: Arbitration
Waiver of Arbitration Right Does Not Require Prejudice
May 24th, 2022
The U.S. Supreme Court, in a unanimous decision, has held that waiver of the right to arbitrate should not be based on prejudice to or detrimental reliance by the party opposing arbitration. This will significantly affect the ability of a party to co…
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Categories: Arbitration
State Supremacy over the Federal Arbitration Act?
July 16th, 2016
Okay, so the New Hampshire Supreme Court did not actually say its state arbitration law trumped the federal act. But the NH court did say that its state courts would not be obligated to follow certain terms of the Federal Arbitration Act. Interpretin…
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Categories: Arbitration
Arbitration Venue: Where the Parties Agreed, Despite State Law
May 12th, 2015
The contract calls for arbitration in Indiana, applying the laws of Nebraska. But Nebraska has a law prohibiting parties from being compelled to arbitrate outside that state for an in-state project. In a GC/sub dust-up including lawsuits in both stat…
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About Stan Martin
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. During his career, he has been actively involved with the Associated General Contractors of Massachusetts, the Boston Society of Architects, the American Arbitration Association, and the Massachusetts Building Congress.