Arbitration is an important tool to consider for resolution of real estate industry disputes, both on the residential and commercial sides. The reality of ongoing business relationships among the parties, the ability to choose an arbitrator experienced and knowledgeable in real estate matters, and the ability to streamline and customize the process to fit the particular issues involved all provide significant benefits to the disputing parties. The benefits of arbitration are particularly …
Archives for April 2017
Private Investment Disputes
Disputes over private investment can arise with respect to a wide array of parties and transactions. Disputes can involve investment, management, exit or ancillary considerations. Private investment disputes can involve a small one-off investment by a high net worth investor or complex, syndicated transactions by large funds with significant investment portfolios over a long period. Arbitration is the preferred method for resolving private investment disputes because it allows for practical, …
Life Sciences / Biotech / Pharmaceutical / Medical Device Disputes
Arbitration of disputes in the life sciences/biotech/pharmaceutical/ medical device field is described, with a discussion of the possible advantages and drawbacks of arbitrating such disputes, identification of issues that may be of special interest when drafting an arbitration clause for the field, and examples of the use of arbitration in the field. Unique features of arbitration make it advantageous for resolving all types of disputes in the life sciences/biotech/pharmaceutical/medical …
Internal Trust Disputes
Although third-party disputes involving trusts have long been considered amenable to arbitration, there is growing interest in arbitration of internal trust disputes, meaning disputes involving the internal operation of the trust and involving the trustee(s) and beneficiaries. There is growing interest in arbitration of internal trust disputes Not only have several states recently adopted legislation explicitly permitting arbitration of internal trust disputes, but a number of state …
Environmental Disputes
Environmental disputes can be effectively handled in an ADR process. The source of the dispute does not matter. Complex Superfund site response cost disputes are routinely addressed now by allocation neutrals. In simple property transfers or major mergers or acquisitions involving numerous properties, the allocation of environmental risks and the interpretation and application of environmental indemnities are often the subject of arbitration. A variety of environmental or …
Distribution and Franchise Disputes
By Gerald Saltarelli Manufacturers and other sellers of goods and services reach their markets through a variety of means, including distributor agreements, contracts with sales representatives, and franchise relationships. Disputes between the manufacturer/seller/franchisor, on the one hand, and the distributor/sales representative/franchisee, on the other, are frequently subject to arbitration under the relevant contracts. The stakes in these disputes are high, as they often involve the …
Construction Disputes
For more than a half-century, the domestic construction industry has been a leader in utilizing binding arbitration as a dispute resolution process. A number of factors regularly make arbitration of construction project disputes preferred over litigation. The combination of multiple parties, voluminous documents and correspondence, and layers of regulations and project requirements render a construction dispute difficult and inordinately expensive to prepare and present in court before a …
Insurance Disputes
Although there is a long history of arbitration in commercial insurance disputes in the reinsurance and high excess catastrophic liability contexts, insurance coverage disputes are more often litigated in a traditional courtroom setting. However, the procedural flexibility inherent in arbitration can be used to resolve insurance coverage disputes in an efficient and cost-effective manner. To illustrate, this article begins with an example of one creative arbitration structure developed and …