Proceeding with litigation, while trying to preserve your arbitration rights, is a risky game. I have discussed waiving your right to arbitrate on this blog, in the past. But, a recent Washington Court of Appeals (Division 1) case confirms that the courts are reluctant to make determinations over w[...]
Archive for the ‘ADR’ Category
September 24th, 2010 - 9:36 am § in ADR, Arbitration Agreements, Case Law, Contract Drafting, Contracts
Alaskan Brewing Appeal Shows The Chilling Effect of Finality in Arbitration Awards
ADR, ADR, ADR. These days, everyone wants to go to ADR. But do they know the chilling effects of ADR? Alternative Dispute Resolution (ADR) is a popular dispute resolution tool used by many businesses. ADR can be binding through arbitration or non-binding through mediation. It offers parties a way to[...]
Contract Claims Periods: What and How Washington Courts Will Enforce Your Clause
**Originally published on March 31, 2010.** Yesterday, we discussed the importance of utilizing claims periods in your construction contracts. Claims periods control liability, limit your exposure to loss, and prevent legal actions from being initiated against you. Today, we explore exactly h[...]
July 26th, 2010 - 10:42 am § in Arbitration Agreements, Case Law, Construction News, Standard Provisions
WA Supreme Court: State Statutes of Limitation Do Not Apply in Arbitration
The Washington Supreme Court handed down a surprising and perhaps monumental holding on Thursday. In Broom v. Morgan Stanley DW, Inc., No. 82311-1 (7/22/10), the Court ruled that Washington statutes of limitations are not applicable to arbitration proceedings. The ruling perhaps creates an opening f[...]
More on Waiving Arbitration and Using Your Contract to Prevent Arbitration Confusion
Yesterday I touched on a particular legal dilemma that regularly faces contractors. That precise dilemma is the statutory obligation to enforce a lien in court, while you have a contractual obligation to arbitrate your dispute. Today there is more to talk about. As I discussed in the prior article, [...]
Enforcing a Lien When You Have to Arbitrate
I read a post yesterday that conjured up the old arbitration v. lien enforcement battle. This is a battle that many a construction attorney has had to battle. What do you do when you have an obligation to arbitrate your dispute, but you have to enforce a lien as well? Here is the dilemma in [...][...]
