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Category Archives: Arbitration

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The Supreme Court Blesses Arbitration Clauses in Covenants Not to Compete, But is Arbitrating a Non-Compete Always a Good Idea?

Posted in Arbitration

Non-competes are governed by different rules from other contracts.  Courts limit non-competes to certain circumstances, such as when an individual has received confidential information, goodwill, or specialized training; even then, the restrictions on competition must be “reasonable.”  However, when it comes to determining the applicability of the Federal Arbitration Act, the United States Supreme Court recently… Continue Reading

Arbitration Clause Tips

Posted in Arbitration

If you decide to agree to an arbitration clause, then you should carefully consider what issues you want to address in the clause.  Below are some key points and provisions that should be considered when negotiating or drafting an arbitration clause. 1.  Consider the Number of Arbitrators  Using only one arbitrator may be risky because… Continue Reading

Arbitration vs. Bench Trial

Posted in Arbitration, Construction Contracts

Arbitration clauses are very common in contracts in the construction and energy industries.  Many industry players reflexively  insist on arbitration despite its pitfalls.  While arbitration has its place, a bench trial is a viable alternative to arbitration. Bench trials are simply trials to a judge rather than a jury.  Parties may agree to a bench… Continue Reading