Category: arbitration clauses
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11th Circuit Holds Clickwrap Arbitration Clause Valid
By Leslie King O’Neal When a “Click” Creates a Contract Many consumers (and lawyers) click “Yes” or “Submit” when making online purchases. They don’t take the time to read the Terms and Conditions listed because they’re in a hurry. However, they may find that by clicking “Submit” they have agreed to arbitrate all disputes with
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Attorney’s Fees in Arbitration: 5 Things to Know
By Leslie King O’Neal Tips on Attorney’s Fee Awards in Arbitration Getting an attorney’s fee award in arbitration is the icing on the cake for many construction attorneys. Although the “American Rule” on fee allocation generally applies, contract language, arbitration rules, and applicable statutes can affect attorney’s fee awards in arbitration.U Understanding how attorney’s fees
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Practice Tips from Experienced Arbitrators
By Leslie King O’Neal Insights from Experienced Arbitrators How can attorneys be more effective in presenting arbitration cases? At last Friday’s panel at the Miami-Dade Bar’s 2025 “LawCon”[i] four experienced arbitrators, Richard Suarez[ii], Scott Silverman[iii] and John Thornton[iv] and I presented tips from our arbitration experiences. Patricia Thompson[v], another experienced arbitrator, moderated the panel. Plan
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Getting the “Right Stuff” in Arbitration Agreements
By Leslie King O’Neal “The Right Stuff” in Arbitration Agreements Poor Drafting Costs Time & Money The blog posts from the last two weeks illustrated how poorly drafted arbitration agreements can result in extensive litigation unrelated to the merits of the dispute. These arbitration clauses didn’t help the parties resolve their disputes efficiently and cost-effectively.
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arbitration arbitration award arbitration clauses arbitration rules Uncategorized vacating arbitration awards
Same Parties, Four Arbitrations, Four Different Awards
By Leslie King O’Neal A Texas-Size Dispute It’s been said everything is bigger in Texas. Covering 268,596 square miles, the Lone Star State is second largest in the U.S. by area.[i] Texas also creates some major disputes, as the recent 5th Circuit decision in Sullivan et al. v. Feldman et al[ii] illustrates. This case
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Conflicting ADR Clauses: Who Decides Priority?
By Leslie King O’Neal Multiple Contracts on Same Project Parties in construction projects often have multiple contracts related to the same job. What happens when these contracts have conflicting ADR clauses? Who decides which clause takes priority—a judge or an arbitrator? Recent cases from the 4th Circuit and SCOTUS discuss this complex issue. Subcontracts –and
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Who’s Coming to Arbitration? Arbitrating with Non-Signatories.
By Leslie King O’Neal Arbitrating with a party who did not sign an arbitration agreement is counter intuitive to many lawyers. It’s commonly known that commercial arbitration is a creature of contract; parties cannot be forced to arbitrate disputes without a written arbitration agreement. But, as with many legal rules, this one has several exceptions.
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No Limits on Arbitration?
By Leslie King O’Neal Lessons from Disney and Uber Are there any limits on the scope of arbitration agreements? Two recent high-profile cases highlight arbitration clauses with extraordinary breadth. While not common in construction-related contracts now, such clauses may be more widely used in the future, creating disputes about how and by whom disputes
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