Tag: Dispute resolution
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Seventh Circuit Clarifies Arbitration Precedents: Staying Proceedings and Claim Preclusion
In National Casualty Company v. Continental Insurance Company [1], the U.S. Court of Appeals for the Seventh Circuit altered its previous precedent and confirmed that a court should stay proceedings due to arbitration only if a party explicitly requests a stay. At the same time, it upheld its prior precedents, confirming…
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Sovereign immunity arbitration exception does not require a signature under the agreement
FSIA’s arbitration exception may exclude the immunity of a sovereign state even if it did not sign the arbitration agreement so long as it is bound by it under applicable ordinary contract law principles.
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Arbitration or litigation? Top eight characteristics to consider
When entering into a contract, parties typically want to focus on the positive value that the contract creates. However, this value will depend on whether the contract is properly performed. And the performance of the contact is safeguarded by the dispute resolution mechanism.