Category: arbitration clauses
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California & Connecticut Enact New Laws About Arbitration
By Leslie King O’Neal 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 new laws to determine whether they affect any current…
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Does (Font) Size Matter?
By Leslie King O’Neal Is an Illegible Arbitration Agreement Enforceable? 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. For more about the…
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Read the Contract! Why Do Courts Ignore Arbitration Agreement Provisions?
By Leslie King O’Neal Read the Arbitration Agreement ! 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 read the arbitration agreement…
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Arbitration Agreements Come in Many Forms
By Leslie King O’Neal Not All Arbitration Agreements Look Alike 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] requires arbitration agreements…
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What is In-House Counsel’s Role in ADR?
By Leslie King O’Neal 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 with outside counsel in developing strategies for resolving disputes…
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“Naked” Arbitration: Should You Go “Bare”?
By Leslie King O’Neal What is “Bare” Arbitration? This post is not discussing holding arbitrations in one’s birthday suit! Rather, it discusses the pros and cons of non-administered or ad hoc arbitrations, where the parties and the arbitrators establish and administer the entire process, without relying on an arbitral organization such as AAA or JAMS.…
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What Conduct Waives Arbitration Rights?
By Leslie King O’Neal Arbitration Rights Can Be Waived By Conduct Arbitration agreements are irrevocable, but parties can waive the right to arbitrate by participating in litigation. What kind of conduct leads to waiving arbitration rights? Is filing a motion to dismiss ok? Can defendants keep arbitration in reserve in case the court doesn’t dismiss…
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“guided choice” mediation arbitration arbitration clauses artificial intelligence confidentiality insurance mediation mediation preparation mediation privilege multi-party mediation neutral evaluation witness statements
Happy 1st Anniversary, Construction ADR Toolbox
By Leslie King O’Neal The Construction ADR Toolbox Blog Celebrates its First Anniversary It’s been a great year for our blog. We’ve covered many different ADR tools and topics in the past year. Here are a few highlights of posts on arbitration, mediation, artificial intelligence, insurance, and other ADR topics. We are looking forward to…
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