News and Events for Attorneys and Executives

Arbitration & Mediation

Clear Arbitration Provision Deemed Enforceable

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In his Petes’ Take blog for Porzio, Bromberg & Newman, Peter J. Gallagher describes a New Jersey case in which a court ruled that a clear arbitration provision, negotiated by a sophisticated party while represented by counsel, is enforceable.

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Drafting Arbitration Clauses in Construction Contracts

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Patricia H. Thompson discusses the question: Should an arbitration clause be just a boilerplate provision, taken “off the shelf,” or should it be specifically negotiated and crafted for the particular construction project and to accommodate the parties’ requirements?

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Health Law: Is Your Arbitration Agreement Enforceable?

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A recent decision of the Arizona Court of Appeals provides guidance for evaluation of the enforceability of arbitration agreements in the health care field, reports Snell & Wilmer in its Health Law Checkup blog.

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Court: Arbitration Agreement Included In Product Manual Is Unenforceable

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A recent ruling in a federal count stated that a contractual term, like an arbitration clause, is binding only when the terms are reasonably conspicuous, rather than in a manner that de-emphasizes its provisions.

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Court Finds Contract and Arbitration Clause Unenforceable Due to Fraud in the Inception

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The court cited a California Court of Appeals decision for the proposition that it was enough that defendants, as the party drafting the contract, drafted the contract “‘in such a way as to not apprise’ the other party of its intentions.”

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11th Circuit: Arbitration Clauses Are Like Makeup – They Only Cover So Much

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The arbitration clause which the non-party to the agreement is seeking to enforce is explicitly limited to disputes between the parties, the court found.

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When an Arbitration Clause Sounds Permissive But Is Not: Does ‘May’ Really Mean ‘Must’?

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Narges Kakalia of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo asks and then answers some pointed questions about arbitration in an article on the firm’s ADR Advice website.

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Justices Will Hear Challenges to Mandatory Employee Arbitration

Justices Will Hear Challenges to Mandatory Employee Arbitration

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The U.S. Supreme Court has agreed to decide whether companies can use employment contracts to prohibit workers from banding together to take legal action over workplace issues, reports The New York Times.

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Contract Drafting for Dispute Resolution

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John M. Newman of the Cecil C. Humphreys School of Law at the University of Memphis has compiled a guide to drafting for dispute resolution.

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Trump Lawyer: No Settlement in Lawsuit Against Celeb Chef

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Lawyers for the Trump Organization and for Zakarian’s company told the judge that the two parties had reached an impasse.

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Navigating Construction Disputes, From Mediation to Litigation

Navigating Construction Disputes, From Mediation to Litigation

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All parties involved with a construction contract need to explore which dispute resolution option is right for them and the project, and also ensure their contract terms are as clear as possible to avoid potential problems down the road, writes Kim Slowey in Construction Dive.

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Don’t Bury Arbitration in Your Employee Handbook

Don’t Bury Arbitration in Your Employee Handbook

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Getting an arbitration clause to stick isn’t always easy, but the effort can be worth it if it avoids just one drawn-out, expensive lawsuit, advises Business Management Daily.

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It Can Be Challenging to Enforce an Arbitration Provision in an Expired Contract

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The case highlights the reality that provisions that are contained in written agreements will not necessarily survive expiration of the agreement simply because the relationship between the parties continues, reports Erin Palmer Polly for Butler Snow.

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Fuzzy Math? 6 Differing Arbitration Agreements = 0 Arbitration Agreement

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If the parties intend their choice of arbitration to be binding and enforceable, the arbitration agreements in interrelated agreements must be compatiblewrites Liz Kramer in the Stinson Leonard Street blog.

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Smart Contracts Pose Enforceability Issues

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Business Insider summarizes the major findings of a new white paper by blockchain consortium R3 and global law firm Norton Rose Fulbright.

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China Contracts: Dispute Resolution Clauses

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Dan Harris explains why a provision calling for Chinese contract dispute resolution in U.S. courts can sometimes be a hindrance, compared to a clause requiring dispute resolution to take place in Chinese courts.

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Incorporation by Reference of an Arbitration Clause Is a Simple Matter … Isn’t It?

Incorporation by Reference of an Arbitration Clause Is a Simple Matter … Isn’t It?

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Drafting an arbitration clause for an agreement may seem like a straightforward matter most of the time, writes Gilbert A. Samberg for Mintz, Levin.

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In Contracts, What a Difference a Word Makes

In Contracts, What a Difference a Word Makes

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Larry P. Schiffer of Squire Patton Boggs describes a recent case that illustrates his point that legalese and unnecessary words can cause a trier of fact to interpret a clause in a way that is unexpected.

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Four Significant, But Often Overlooked, Provisions in Domestic Commercial Contracts

Four Significant, But Often Overlooked, Provisions in Domestic Commercial Contracts

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Contractual provisions that parties choose to include in their agreement depend on a number of factors including, among others, the identity of and relationship between the parties and the size and nature of the transaction, according to a K&L Gates article.

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5 Points: Arbitration Clauses in Real Estate Contracts

5 Points:  Arbitration Clauses in Real Estate Contracts

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While consumers may not have many choices when signing agreements that contain arbitration clauses, commercial parties often negotiate every last term of their agreements, according to a post on Shutts & Bowen LLP’s website.

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