arbitration Archive

Unilateral Arbitration Agreements Pose Risks

It is increasingly common to encounter dispute resolution provisions that allow one party the right to unilaterally select arbitration or litigation after the dispute develops. These “unilateral arbitration” clauses are criticized by some as being unfair because they allow one party – usually the upstream party – to shop for a favorable venue once the […]

One-Sided Arbitration Clause: Contractor’s Right to Unilaterally Choose Arbitration Upheld

Subcontractors are often asked to sign a subcontract giving the general contractor the right to, in its sole discretion, choose arbitration or litigation to resolve subcontract disputes. Many view these clauses as unfair, and whether such clauses are even enforceable is not settled, which means that state and federal courts across the country have come […]

Federal Arbitration Act Trumps Class Actions: Arbitration Agreements Mean What They Say

The U.S. Supreme Court in a 5-4 Decision authored by Justice Gorsuch recently found in favor of employer (not employee) rights when enforcing arbitration agreements. The Supreme Court ruled that employees could not ignore individual arbitration agreements and band together to challenge wage and hour or other labor law violations. The Court pointed out that […]

Arbitrator Subpoenas: Are They Worth The Paper They Are Printed On?

Construction lawyer Don Gregory presented alongside Houston attorney Bill Andrews at a recent American Arbitration Association (AAA) webinar, discussing the effectiveness of arbitrator subpoenas to third-party witnesses and related issues. The presenters offered an overview of AAA rules, arbitrator authority, court territorial restrictions, and permissibility of pre-hearing third-party discovery by subpoena. Additionally, the construction lawyers […]

Cost Controls + Alternatives to Litigation

When faced with litigation, whether pursuing a contractor or owner that failed to pay you, or whether you are being pursued for payment, there are many options available which may help reduce time, expenses and delays associated with traditional litigation. Here are four to consider: 1. Mediation Mediation is a non-binding settlement negotiation conduced with […]