Tag Archives: arbitration

Texas Court of Appeals Holds That the Effect of a Failure to Meet a Specific Contractual Deadline for Arbitration is a Procedural Question for the Arbitrator, Not the Trial Court

Tilson Home Corp. v. Zepeda, No. 14-16-00075-CV, 2016 Tex. App. LEXIS 12022 (Tex. App. Nov. 8, 2016) The Court of Appeals of Texas has held that an arbitrator—not a trial court—must determine whether a prerequisite to the obligation to arbitrate … Continue reading

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Second Circuit Holds Arbitrators Cannot, Under the Federal Arbitration Act, Compel Pre-Hearing Discovery of Documents of Third Parties, Except That Production May be Compelled at a Preliminary Hearing Before an Arbitrator

Life Receivables Trust v. Syndicate 102 at Lloyd’s of London 2008 U.S. App. LEXIS 24977 (Nov. 25, 2008) The Second Circuit held that section 7 of the Federal Arbitration Act (“FAA”) does not permit an arbitrator to compel pre-hearing document … Continue reading

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U.S. Supreme Court Holds That Parties May Not Contract for Expanded Judicial Review of an Arbitration Award in Proceedings Governed by the Federal Arbitration Act

Hall Street Associates, LLC v. Mattel, Inc. 2008 U.S. LEXIS 2911 (U.S. Mar. 25, 2008) In a 6-3 decision, the Supreme Court held that in an arbitration case subject to the Federal Arbitration Act (“FAA”), the scope of judicial review … Continue reading

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U.S. Fourth Circuit Court of Appeals Interprets Modified Version of AIA A201 to Require Agreement By Parties to Mediate as Condition Precedent to Arbitration

Perdue Farms, Inc. v. Design Build Contracting Corp. 2008 U.S. App. LEXIS 2861 (4th Cir. Feb. 8, 2008) The Fourth Circuit held that where a condition precedent to arbitration, in this case voluntary mediation, was not fulfilled, a party to … Continue reading

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U.S. District Court in New York Holds That Completing Surety Could Assert Claims Against Other Project Participants Responsible For Costs of Remediation Work Which Had to Be Addressed to Complete Its Principal’s Work

Liberty Mutual Insurance Company v. N. Picco & Sons Contracting Co., Inc. 2008 U.S. Dist. LEXIS 4915 (S.D.N.Y. Jan. 16, 2008) The United States District Court for the Southern District of New York (“SDNY”) recently had to decide whether a … Continue reading

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