Joshua D. Bernstein and Phillip Spinella of Akerman write: Hotel management agreements often contain forum selection clauses that select New York as the forum for litigation. This is so despite the fact that often neither the parties nor the hotel in question has any connection to the state. When disputes inevitably arise, the question becomes whether those forum selection clauses are enforceable and whether the doctrine of forum non conveniens applies.
Marisa Marinelli and Andrew Choi of Holland & Knight discuss some of the key reasons why arbitration clauses end up in litigation, the effect of non-compliance with pre-arbitration requirements, and what parties should consider when drafting their dispute resolution clause to avoid this outcome.
James L. Bernard and Arjun P. Rao of Stroock & Stroock & Lavan write: Year after year, litigation under the Telephone Consumer Protection Act continues to increase. The recent appointment of Ajit Pai—who dissented to two important FCC opinions that have been criticized as contributing to the onslaught of TCPA litigation—as the Chairman of the FCC, however, has the potential to reduce that volume of litigation.
Christopher A. Gorman of Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara & Wolf discuss a recent decision that interprets the Prompt Payment Act’s requirement that a construction contract may not limit the parties’ right to refer a dispute to arbitration. The decision sheds some light on the extent to which courts are willing to go to interpret the PPA in such a way as to ensure that an aggrieved contractor or subcontractor seeking payment can vindicate its rights to payment in as expeditious a manner as is possible.
Carrie H. Cohen of Morrison & Foerster writes: As the challenges to SEC administrative proceedings continue, expect those challenges increasingly to include the due process arguments that consumers and employees have made against arbitration agreements.