Contract Drafting, Federal Arbitration Act, Contract Terms

Supreme Court Clarifies Arbitration Clauses: Key Takeaways for Companies

Womble Bond Dickinson on 7/24/2024

Recent decisions by the U.S. Supreme Court in Smith v. Spizzirri, 601 U.S. 472 (2024) and Coinbase, Inc. v. Suski, 144 S. Ct. 1186 (2024) provide important guidance for companies utilizing arbitration clauses in their...more

Expert Determination or Arbitration? The Delaware Court of Chancery Clarifies That Labels Are Not Dispositive

Troutman Pepper on 5/3/2024

Purchase agreements customarily contain provisions for resolving certain disputes by referring them to a third-party neutral decision-maker outside of litigation. For example, disputes over purchase price adjustments are...more

California Appellate Court Issues Guidance on Enforcing Arbitration Agreements

Payne & Fears on 5/10/2020

While much of the world came to a halt in response to the coronavirus pandemic, the California Courts of Appeal were busy issuing important decisions on the enforceability of arbitration clauses. As the economy starts to...more

Arbitration Award in Favor of Subsidiary Precludes Subsequent Litigation Against Parent

Polsinelli on 12/12/2019

The Federal Arbitration Act (FAA) endorses and encourages arbitration as a speedier and less costly dispute resolution alternative to litigation. In recent years, however, companies have become increasingly concerned that...more

Resolving M&A Price Disputes: Experts or Arbitrators?

Troutman Pepper on 12/7/2018

Merger agreements typically include post-closing purchase price adjustment provisions. A net working capital, or NWC, adjustment, for example, increases or decreases the purchase price post-closing based on a comparison of...more

Drafting The Arbitration Provision In Commercial Contracts, Part 1: Back To Basics: Important Considerations Not To Be Overlooked

NAM (National Arbitration and Mediation) on 6/28/2018

John Wooden, one of the most successful coaches in basketball history, always focused his teams on the basics. The first lesson he taught them was how to properly tie their shoes. Truly, a lack of understanding the basics...more

Do You Know Who Will Decide Whether Your Next Dispute Is Subject to Arbitration?

Troutman Pepper on 3/23/2018

Courts determine whether a dispute is subject to arbitration, also known as questions of “arbitrability,” unless the parties agree to submit arbitrability disputes to the arbitrator. Originally published in AGC Law in...more

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