When disputes arise between developers and purchasers, it is important to ensure that the developer’s preferred forum of dispute resolution is enforceable in the purchase contract. In particular, ...
Arbitration remains a prominent method for dispute resolution outside of the formal judicial system. As a substitute to litigation, the arbitration process is intended to provide a final disposition ...
Federal courts within the First Circuit issued numerous decisions in 2025 that reflect important trends for the enforceability of arbitration provisions and the arbitration process generally. These ...
The Ninth Circuit’s unpublished decision in Shanahan v. IXL Learning, Inc. could make it easier for companies to enforce arbitration clauses in online terms and conditions. The court found that ...
That the Federal Arbitration Act (FAA), state arbitration statutes and courts generally favor arbitration provisions in contracts is well-recognized. But what if the contract containing the ...
As trusts have become more prevalent in the past few decades, trust litigation has increased. Some settlors are trying to keep their trusts out of the courts by inserting an arbitration clause in the ...
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The contract does not fail everywhere. It fails exactly where enforcement begins.That sentence, stripped of any jurisdiction ...
In S.I. v. M.I., decided Friday by the New Jersey appellate court (Judges Morris Smith and Lisa Perez-Friscia), an Orthodox Jewish couple divorced, and in the midst of the divorce proceedings agreed ...
PM on a Friday. The counter-party is moving funds. Closing is Monday. There are 72 hours until "the clock" stops the world. Your ...
We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...