Indiana, like other states, has a strong policy favoring arbitration agreements, and Indiana courts construe arbitration clauses broadly to make matters abitrable so long as they reasonably fit within the language of the...more
In Somerset Fine Home Building, Inc. v. Simplex Industries, Inc., the Appellate Division of the Second Department in New York upheld a dismissal based on the plaintiff’s breach of the parties’ forum selection clause. Somerset...more
Whether an arbitration agreement is enforceable is a frequently litigated matter in construction disputes. Federal policy strongly favors arbitration. Typically, the Federal Arbitration Act (FAA) will preempt any contrary...more
The Florida Arbitration Code addresses the confirmation, vacation, modification or correction, and appeal of arbitration awards in Florida. In September, a Florida District Court of Appeal addressed whether parties may expand...more
11/27/2018
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Judicial Review ,
Mandatory Arbitration Clauses ,
Remand ,
Subcontractors ,
Unenforceable Contract Terms ,
Vacated ,
Void Contracts
An issue that repeatedly comes up in construction disputes is the scope of an arbitration agreement. Courts generally interpret agreements to arbitrate broadly, and, where the arbitrability of a specific claim has been at...more
9/21/2017
/ Arbitration ,
Arbitration Agreements ,
Construction Contracts ,
Construction Disputes ,
Construction Industry ,
Contract Disputes ,
Contract Interpretation ,
Energy Sector ,
Federal Contractors ,
Liberty Mutual Insurance Company ,
Performance Bonds