Last month, one defendant's application to vacate a med-arb award brought about two important developments in ADR case law in Massachusetts. In Spruce Environmental Technologies, Inc. v. Festa Radon Technologies, Co., 2019 WL 1437826 (March 30, 2019) ("Spruce v....
Arbitration Award
International Arbitration War Wages Over Pineapples
The Court of Appeals for the Eleventh Circuit will be the next body to weigh in on a dispute between Del Monte International GmbH ("Del Monte") and Inversions y Procesadora Tropical INPROTSA, S.A. ("INPROTSA") over an exclusive sales agreement for pineapples. The case...
Massachusetts SJC Issues Important Decision Curtailing The Availability Of Attorney’s Fees In Arbitration
In Beacon Towers Condominium Trust v. Alex, 473 Mass. 472 (2016) ("Beacon Towers"), the Massachusetts Supreme Judicial Court decided that an arbitral tribunal had overstepped the bounds of its authority when it awarded attorney's fees pursuant to the Commonwealth's...
Challenging An Arbitration Award
Alternative dispute resolution is rightly gaining steam as an efficient, fair mechanism for the resolution of complex business disputes. Many companies are redrafting their standard-form contracts to include mandatory arbitration clauses. This is particularly true for...
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