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Arbitration Contract Negotiations

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Mayer Brown

Pro-enforcement Approach - Mainland China Highlights Typical Cases on Enforcing Hong Kong Arbitral Awards

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Mainland China's Supreme People's Court (SPC) recently released a series of typical cases showcasing a favourable trend in enforcing Hong Kong arbitral awards....more

Snell & Wilmer

What’s the Key to Arizona Mechanics and Materialmen’s Liens? Timing!

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In the last edition of Under Construction, we offered a basic introduction to Arizona’s mechanics and materialmen’s liens. This time, we discuss the issues related to timing of such liens...more

Sheppard Mullin Richter & Hampton LLP

Expert or Arbitrator? Resolving Purchase Price Adjustment Disputes

Acquisition agreements in M&A transactions frequently include provision for payment to be made at closing based on estimates of certain financial metrics that are later subject to a purchase price adjustment based on a final...more

Bradley Arant Boult Cummings LLP

Arbitration or Court for Construction Disputes: The Pros and Cons

Many construction contracts used in the industry include clauses mandating that any disputes be decided by binding arbitration rather than a jury or bench trial. The standard AIA forms provide the parties with the option of...more

Goulston & Storrs PC

Alternative Dispute Resolution Provisions (UPDATED)

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Market Trends: What You Need to Know - As shown in the American Bar Association’s Private Target Mergers and Acquisitions Deal Points Studies: Overall, alternative dispute resolution provisions are becoming less...more

FordHarrison

Third Circuit Rules That Arbitration Agreements in CBAs Without Durational Clauses do not Survive the Expiration of the CBAs

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Executive Summary: It is quite rare when a three-judge panel on a court of appeals overrules prior precedent. Yet, that is exactly what happened on March 30, 2022, in Pittsburgh Mailers Union Local 22 v. PG Publishing Co....more

Goodwin

Survival Guide to Structuring Life Sciences Partnering and M+A Agreements

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The life sciences space is ever-growing and dynamic as the industry witnesses more companies and, therefore, more collaboration, licensing and M&A agreements, come into the spotlight. While these deals are exciting...more

Constangy, Brooks, Smith & Prophete, LLP

The Cons Of The PRO Act

The Protecting the Right to Organize Act of 2021 (also known as the “PRO Act”) is back with its laundry list of organized labor’s most-wanted government handouts. After decades of declining membership, unions see the PRO Act...more

BCLP

What law governs your arbitration clause? You decide.

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It’s midnight and you’re in the final stages of negotiation in a complex international transaction. It’s probably a safe bet that the one thing that is not keeping you awake is a concern over what law governs the arbitration...more

Robins Kaplan LLP

[Webinar] From Contract To Courtroom: Lessons Learned In Contract Litigation And Trials - September 30th, 11:00 am - 12:00 pm PT

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What can we learn from past contracts, good and bad, and how they played out in the courtroom? In this presentation, seasoned-in-house counsel, trial attorneys, and a jury consultant will examine lessons learned in litigation...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] Mediation, Arbitration, or Litigation: What Works Best for You? - September 15th, 12:00 pm - 1:00 pm ET

The last thing a party wants is a construction claim rising to the level of needing a mediator, judge, or arbitrator to find a resolution. The cost of the claims process can be detrimental to a company, not only in the...more

Verrill

Executive Decisions – Putting in Place Effective Employment Agreements for Company Executives

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During this webinar, attorneys Doug Currier and Scott Connolly discussed best practices for putting in place effective executive employment agreements, including inbound agreements and separation agreements. Topics discussed...more

Bennett Jones LLP

What Constitutes Surrounding Circumstances in Contractual Interpretation? The Alberta Court of Appeal

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Pre-contract negotiations, such as prior drafts of agreements, are generally inadmissible as part of "surrounding circumstances" when interpreting a contract, and parties' subjective intentions are always inadmissible, the...more

Burns & Levinson LLP

How to Have an Enforceable Arbitration Clause and Retain the Right to Modify Your Agreement

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While being a defendant in a lawsuit is no fun, being a defendant in a class action lawsuit is especially painful. If you are in-house counsel in a service business, you may be particularly vulnerable to such actions and, no...more

BakerHostetler

[Event] Master Class - Labor Relations and Employment: The Only Constant Is Change - February 27th, San Francisco, CA

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Please join us for BakerHostetler's “Labor Relations and Employment: The Only Constant Is Change” Master Class. This daylong seminar is designed to offer all new high-level courses, hitting specific and practical headline...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Practical NLRB Advisor - Summer 2019

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the summer 2019 issue of the Practical NLRB Advisor. This edition examines the National Labor Relations Board’s (NLRB) new...more

Burns & Levinson LLP

Don’t Overreach by Retaining the Unilateral Right to Modify An Arbitration Agreement

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Who wouldn’t want to be able to dictate the terms of a contract rather than having to negotiate them with someone whose interests are not completely aligned with your own? If you ever find yourself in such a position,...more

Dentons

Iowa Code Chapter 20 Changes for Public Employers and Employee Organizations in Iowa

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Last year, the Iowa legislature made significant changes to Iowa Code Chapter 20, the Public Employment Relations Act. One of the most significant is the scope of bargaining for certain public sector employees....more

Holland & Knight LLP

Running With Scissors: Avoiding Mishaps When Drafting Agreements at the End of Mediation

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• An agreement reached at the conclusion of a mediation session typically represents an abbreviated version of a formal settlement agreement that will be entered into by the parties at a later date. • Occasionally,...more

Snell & Wilmer

Construction in Indian Country – What You Need To Know About Sovereign Immunity

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There are many legal issues to consider when bidding on and building projects in American Indian Country. Which labor and employment laws apply? Are there contracting or hiring preferences that apply? Do the Prompt Pay Act...more

King & Spalding

Large-Scale Construction Projects: To Arbitrate, or not to Arbitrate – That is the Question

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Owners and contractors involved in large-scale energy and manufacturing projects face unique challenges in bringing projects to fruition. One challenge is negotiating and drafting a contract that places the parties in a fair...more

Carlton Fields

California Appellate Court Holds Parties Cannot Contract Around Service Requirements of Hague Service Convention

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Changzhou Sinotype Technology Co., Ltd. (“Changzhou”) is a Chinese company that develops fonts. Changzhou and Los Angeles-based investment firm Rockefeller Technology Investments (Asia) VII (“Rockefeller”), entertained the...more

JAMS

JAMS Clause Workbook - A Guide to Drafting Dispute Resolution Clauses for Commercial Contracts

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In today’s competitive marketplace, most companies either cannot afford or do not wish to incur the time, expense and adverse business consequences of traditional litigation. Unfortunately, in every business relationship...more

Troutman Pepper

When a Flow Down Provision Doesn’t Flow Up: Oregon Appellate Court Holds That a Flow Down Provision From a Prime Contract With an...

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Eugene Water & Elec. Bd. v. MWH Americas, Inc., 2018 Ore. App. LEXIS 879 (July 25, 2018) On July 25, 2018, an Oregon appellate court concluded that a pair of subcontractors could not compel an owner to arbitrate its claims...more

Bradley Arant Boult Cummings LLP

Arbitration Clause Requiring Arbitrators to Render a Decision within 30 Days from Their Appointment? Superfast Decision?

Ever wonder about a superfast arbitration procedure in a contract that you have been given? An arbitration clause requiring an arbitration panel to issue a decision within 30 days of being selected for the panel was recently...more

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