Dewberry Engineers Inc. (“Dewberry Engineers”), a prominent engineering firm, has been locked in an on-again, off-again trademark dispute with a real estate development firm called Dewberry Group, Inc. (“Dewberry Group”)
Continue Reading U.S. Supreme Court to Decide Damages Issue in Trademark Dispute Involving Construction Engineering FirmArbitration
U.S. Supreme Court Decides That, Where Parties Have Agreed to Two Contracts that Are In Conflict as to Whether a Dispute Between the Parties Is Subject to Arbitration, A Court Must Decide Which Contract Governs, Not an Arbitrator
By Sarah B. Biser & Craig R. Tractenberg on
In a unanimous opinion, the U.S. Supreme Court has decided that a court, not an arbitrator, must decide whether a dispute is subject to arbitration when parties have agreed to…
Continue Reading U.S. Supreme Court Decides That, Where Parties Have Agreed to Two Contracts that Are In Conflict as to Whether a Dispute Between the Parties Is Subject to Arbitration, A Court Must Decide Which Contract Governs, Not an ArbitratorU.S. Supreme Court Decides that Federal Courts Should Stay, Rather than Dismiss, Cases that Are Subject to Arbitration, If One Party Requests It
By Sarah B. Biser on
The U.S. Supreme Court has decided an issue concerning cases that are subject to arbitration that has divided the federal courts of appeals: when the claims at issue in a…
Continue Reading U.S. Supreme Court Decides that Federal Courts Should Stay, Rather than Dismiss, Cases that Are Subject to Arbitration, If One Party Requests ItAnother Petition to U.S. Supreme Court Seeks Review of the Standard Governing the Vacatur of Arbitration Awards Based on Arbitrator Conflicts of Interests
By Sarah B. Biser & Craig R. Tractenberg on
The standard that courts should apply in deciding whether to vacate an arbitration award based on arbitrator conflicts of interest is drawing increased focus in appeals to the United States…
Continue Reading Another Petition to U.S. Supreme Court Seeks Review of the Standard Governing the Vacatur of Arbitration Awards Based on Arbitrator Conflicts of InterestsConsortium That Lost Arbitration Involving Panama Canal Dispute Asks the U.S. Supreme Court to Clarify the Standard Governing the Vacatur of Arbitration Awards Based on Arbitrator Conflicts of Interests
By Sarah B. Biser & Craig R. Tractenberg on
A consortium that was on the losing side of a $238-million arbitration over the construction of the third set of locks for the Panama Canal is asking the United States…
Continue Reading Consortium That Lost Arbitration Involving Panama Canal Dispute Asks the U.S. Supreme Court to Clarify the Standard Governing the Vacatur of Arbitration Awards Based on Arbitrator Conflicts of InterestsU.S. Supreme Court to Decide Whether Federal Courts Have Authority to Dismiss, Rather than Stay, Cases that Are Subject to Arbitration
By Sarah B. Biser & Craig R. Tractenberg on
The U.S. Supreme Court has agreed to decide an issue concerning cases that are subject to arbitration that has divided the federal appeals courts: when the claims at issue in…
Continue Reading U.S. Supreme Court to Decide Whether Federal Courts Have Authority to Dismiss, Rather than Stay, Cases that Are Subject to ArbitrationNew York Caps Retainage at 5% On Private Construction Projects, Permits Contractors to Submit Final Invoice Upon Substantial Completion
By Sarah B. Biser on
New York has made changes to its Prompt Payment Act (N.Y. Gen. Bus. Law §756)
Legislation, which Gov. Kathy Hochul signed into law on November 17, 2023, provides that:
- retainage
Understanding the Differences in the Enforcement of Arbitration Awards and Expert Determinations
By Sarah B. Biser & Craig R. Tractenberg on
Is there a difference in enforcement between an arbitration award and an expert determination pursuant to a contract? The answer is yes, according to a recent ruling by the 3rd…
Continue Reading Understanding the Differences in the Enforcement of Arbitration Awards and Expert DeterminationsA Review of Leading Developments in U.S. Courts
By Sarah B. Biser & Craig R. Tractenberg on
We review four major decisions relating to U.S. arbitration that have been decided by the U.S. Court of Appeals, the U.S. Supreme Court or have been granted certiorari.[1]
In…
Continue Reading A Review of Leading Developments in U.S. CourtsCan An International Arbitration Award Be Vacated When The Seat Of Arbitration Is The US Or US Law Is The Substantive Law?
By Sarah B. Biser & Craig R. Tractenberg on
Under existing precedent in the 11th Circuit, which includes Florida, federal courts cannot overturn international arbitration awards on the ground that the arbitrators “exceeded their powers,” a frequently invoked…
Continue Reading Can An International Arbitration Award Be Vacated When The Seat Of Arbitration Is The US Or US Law Is The Substantive Law?