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All articles tagged '"construction"'
41 articles found
Fifth Circuit Holds Class Arbitration is a Gateway Issue for the Courts to Decide
By Beth Graham - August 9, 2019
The United States Court of Appeals for the Fifth Circuit has issued an opinion holding the issue of class arbitration is a gateway matter for the courts to decide.
SCOTX Grants Petition For Review Over Local Government Arbitration Question
By Beth Graham - July 1, 2019
On Friday, the Supreme Court of Texas agreed to consider whether the San Antonio River Authority must arbitrate a dispute related to the costs associated with a $10 million dam project.
Beaumont COA Reverses Order Vacating Arbitration Award in Construction Dispute
By Beth Graham - March 14, 2019
The Ninth District Court of Appeals in Beaumont has reversed a trial court’s order vacating an arbitration award due to evident partiality.
Inside the Black Box: The Preferences, Practices, and Rule Interpretations of Construction
By Beth Graham - November 14, 2018
An interesting article focused on the arbitration of construction disputes was recently published by Dean B. Thomson and Jesse R. Orman, shareholders in the Construction Law Department of Fabyanske, Westra, Hart & Thomson, P.A., in Minneapolis.
El Paso COA Affirms Trial Court’s Order Denying Arbitration
By Beth Graham - October 1, 2018
Texas’ Eighth District Court of Appeals in El Paso has affirmed a trial court’s order stating two companies did not agree to exclusively arbitrate their claims against one another under Delaware law.
SCOTUS Grants Certiorari in Yet Another Class Arbitration Dispute
By Beth Graham - May 4, 2018
The Supreme Court of the United States has granted certiorari in yet another class arbitration dispute in the labor context.
Clause Construction: A Glimpse into Judicial and Arbitral Decision-Making
By Beth Graham - March 6, 2018
Professor David Horton, University of California, Davis, School of Law, has published “Clause Construction: A Glimpse into Judicial and Arbitral Decision-Making,” Duke Law Journal, Vol. 68, Forthcoming.
Special Masters: How To Make the Best of Both Worlds, Part XV
By Merril Hirsh, James Rhodes & Karl Bayer - July 2, 2015
In Part Fourteen, we discussed a program in California state courts that makes regular use of special masters in construction cases. So who else is making regular use of alternate dispute resolution talent?
Houston COA Confirms Arbitration Award in Construction Dispute
By Beth Graham - June 3, 2015
In Mega Builders, Inc. v. Paramount Stores, Inc., No. 14-14-00744-CV (Tex. App. – Houston [14th], May 28, 2015), a general contractor, Mega Builders, agreed to build a convenience store for a property owner, Paramount.
Special Masters: How To Make the Best of Both Worlds, Part XIV
By Merril Hirsh, James Rhodes & Karl Bayer - June 1, 2015
In Part Thirteen, we discussed ways of institutionalizing the use of special masters by maintaining rosters, choosing them based on qualifications and experience, training them and evaluating their effectiveness. We closed by raising the question – has this been done before?
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