Resources for Construction Lawyers and ADR Professionals
When is an alternative dispute resolution process worthy of the name “arbitration?” What are the essential attributes of “arbitration?” In two recent cases the NFL’s “arbitration” process was found too one-sided to be called “arbitration,” allowing the cases to proceed in court.[i]…
The California and Connecticut legislatures recently passed new laws regarding arbitration agreements and who can serve as arbitrators. It will be interesting to see if any other states follow their examples. Lawyers or arbitrators practicing in California and Connecticut should review the…
The FAA requires arbitration agreements to be in writing.[i] But, does the writing have to be legible? Is an unreadable arbitration agreement enforceable? In Fuentes v. Empire Nissan, Inc.[ii] the California Supreme Court considered whether illegibility constitutes substantive or procedural unconscionability.
Arbitration is a creature of contract[i]. So, it seems obvious that when considering a motion to compel arbitration, lawyers and judges should read the arbitration agreement carefully. However, in a recent Florida case apparently neither the trial court nor the appellate court…
Most construction lawyers know the basic premises that, “arbitration is a creature of contract” and that “parties can’t be compelled to arbitrate unless they have agreed to do so.”[i] However, they are sometimes surprised to learn that, while the Federal Arbitration Act[ii]…
What is an in-house counsel’s role in ADR? Should in-house lawyers simply hire the best outside counsel they can find and let him or her manage the dispute using ADR (or not) with little or no input? Or should inside counsel collaborate…