In the recent unanimous United States Supreme Court opinion, Morgan v. Sundance, Inc., No. 21-328, 2022 WL 1611788 (2022), issued May 23, 2022, the Court abrogated existing case law and held that prejudice is not a condition of finding that a party, by litigating too long, waived its rights to stay litigation or compel
The Federal Arbitration Act: When jurisdiction arises solely from a federal question in the underlying dispute, can a federal district court confirm or vacate an arbitration award under the FAA? Stay tuned for an answer from SCOTUS!
Last week, the Supreme Court of the United States heard argument in Badgerow v. Walters[1] as to an important jurisdictional question under the Federal Arbitration Act (“FAA”), 9 U.S.C. 1, et seq. Specifically, the question presented to SCOTUS was whether federal courts have subject-matter jurisdiction to confirm or vacate an arbitration award under
Enforcing Arbitration Awards in Louisiana
When two parties agree to arbitrate, the obvious hope of the prevailing party is that the losing party will voluntarily comply with the arbitrator’s decision. This article is directed towards the situation in which the losing party refuses to so comply, and the prevailing party must petition the appropriate court system to “enforce” the arbitrator’s
Problems in Enforcing Arbitration Clauses
Arbitration clauses are extremely common in construction contracts and subcontracts. In the event of a dispute, these clauses typically reflect the parties’ mutual agreement that any disputes arising from the project shall be arbitrated. Arbitration is similar to traditional litigation in many respects, but takes place out of court and is designed to be more
The Pros, Cons and Quirks of Arbitration
By the Kean Miller Construction Team
Conventional wisdom holds that arbitration is a more preferable mechanism for dispute resolution than full-blown litigation in the court system. Knowing nothing else about the particulars of a particular dispute, if arbitration is available as an alternative to state or federal litigation, we generally advise our clients to arbitrate.
Enforcing Arbitration Awards in Louisiana
Click here to review a Practice Note explaining how to enforce arbitral awards in the state and federal courts in Louisiana. This Note explains the procedure for confirming an arbitration award in Louisiana, and the grounds on which a party may challenge enforcement under Louisiana and federal law, including the New York Convention on the
Arbitration Rulings are Final, Even When the Arbitrators Get It “Wrong on the Law”
Parties involved in the construction industry have long been familiar with mandatory arbitration as a dispute resolution procedure.
Originally arbitration was said to be more efficient and less expensive than litigation. Over time, experience has shown that arbitration is not necessarily more efficient or more timely.
Regardless of its potential benefits, one fact remains absolute
American Arbitration Association Requires Registration of Consumer Arbitration Clauses
Beginning September 1, 2014, the American Arbitration Association (“AAA”) will require that any business using or intending to use the AAA rules in a consumer contract register the arbitration clause with the AAA. Upon submitting the clause, the AAA will review it for “material compliance” with the AAA’s due process standards contained in its Consumer
Mediation Explanation: A Picture is Worth 1000 Words
Lawyers often find themselves explaining the concept and process of mediation to clients and other people that have a need for a framework for dispute resolution other than the traditional adversary process. A traditional definition might be something like this:
Mediation is simply the name for a process that brings the parties to a dispute