Blog Post
05/24/2019
By Gregory M. Boucher

Construction contracts often contain agreements requiring mediation before a party may file a lawsuit.  However, a party may not want to wait through the mediation process and instead may prefer to go straight to a lawsuit.  Given that mediation is not binding and does not guarantee a resolution, can a party ignore a contractual agreement to mediate and instead go right to litigation?  A recent Kentucky federal court decision said no, a party cannot ignore a previous contractual agreement to mediate. See Mitsui Mumitomo Insurance USA, Inc.

Blog Post
06/27/2018
By Sunu M. Pillai

A California Corporation, Swinerton Builders, Inc. ("Swinerton"), entered into a Master Services Agreement (MSA) with a West Virginia company, March-Westin Company, Inc. ("March-Westin"), for March-Westin to provide timber products.  Swinerton subsequently issued a work order to March-Westin under the MSA for a project in Colorado and, following a disagreement on schedule and price, rescinded the work order.  March-Westin filed a complaint against Swinerton in the U.S.

Blog Post
05/03/2018
By Sunu M. Pillai

The abstention doctrine allows a federal district court to stay or dismiss a case properly before it for reasons of "wise judicial administration."  The US District Court for the District of Rhode Island recently applied this doctrine, and elected to abstain from ruling on a Petition to Confirm an arbitration award, in a dispute involving the construction of three boats.  See Wendella Sightseeing Co. v. Blount Boats, Inc., No. CV 17-368 WES, 2018 WL 1620925 (D.R.I. Mar. 30, 2018).

Blog Post
07/21/2017
By Sunu M. Pillai

In a July 10, 2017 decision, the Ninth Circuit held that when a contract requires arbitration under International Chamber of Commerce (ICC) procedural rules, the arbitrator should decide the arbitrability of a dispute that arises out of the same transaction with an impleaded third party.

Blog Post
06/19/2014
By George E. Rahn, Jr. and Frederick D. Strober

The American Arbitration Association (“AAA”) unveiled supplementary rules for construction proceedings that seek to remove some uncertainty from the resolution of construction disputes.  The new rules, which took effect on June 15, 2014, permit the parties to predetermine certain aspects affecting the cost and time necessary to resolve their construction dispute.  The parties may elect to place limits on the time within which the arbitration must be completed and the number of days to hold hearings.  Perhaps most important, the cost of the arbitration may now be capped in adv