Detroit Business Law – Resources for Metro-Detroit Businesses
Resources for Metro-Detroit Businesses
Bay Shore Power Company v. Oxbow Energy Solutions, LLC (Docket No. 20-3119), an Opinion recommended for publication by the United States Court of Appeals for the Sixth Circuit. The Court …
Sixth Circuit Court of Appeals Rules that Attorneys’ Fees are Recoverable Even Through Contract Provision Barring Recovery Read More
If there is a dispute whether parties have agreed to arbitrate a dispute, who has authority to resolve that dispute – the court or the arbitrator? In Blanton v. Domino’s …
Sixth Circuit Court of Appeals Rules that Issue of Arbitrability is Arbitrable Read MoreIn the Michigan Court of Appeals’ September 10, 2019 published opinion, TSP Services, Inc. v. National-Standard, LLC, (No. 342530), the Court held that in a dispute over a construction contract, …
Michigan Court of Appeals Holds that a Construction Lien is Limited to the Amount of the Contract Less any Payment Already Made Read MoreThe Federal Arbitration Act mandates arbitration of actions where a valid arbitration provision is entered between the parties. The Federal Arbitration Act is limited by some exceptions, however. For example, …
The Supreme Court Holds Trial Courts Should Decide Whether Federal Arbitration Act Exclusions Apply Before Ordering Arbitration Read MoreThe Michigan Supreme Court recently expounded on the definition of a prevailing party under the Construction Lien Act (CLA) in the case of Ronnisch Constr Group, Inc v. Lofts on …
To Prevail or Not to Prevail under the Construction Lien Act Read MoreParties to a contract may agree in that contract to arbitration. Where a valid arbitration agreement is found in a contract, the parties must first bring any legal claims they …
Court of Appeals Rejects “Contagion Theory” of Arbitration – Can’t Be Forced To Arbitrate Claims You Did Not Agree to Arbitrate Read MoreThe essential purpose of arbitration is to resolve disputes straightaway. For this reason, many people that enter into contracts require a provision in the contract that requires disputes to be …
Arbitration Provision Does Not Apply Where It Was Not Intended Read MoreThe essential purpose of arbitration is to resolve disputes straightaway. For this reason, many people that enter into contracts require a provision in the contract that requires disputes to be …
Judicial Review Allowed Before Arbitration Begins or After Arbitration Award Determined, But Not In Between Read MoreArbitration agreements are generally favored under Michigan law. Court systems favor arbitration because it helps ration scarce judicial resources and is usually less expensive for the parties. In Cohen v …
Michigan Court of Appeals: Use Arbitration Agreements In Every Agreement Read MoreArbitration is often a better choice for the parties than litigation in court, because arbitration is often completed more quickly and with less legal expenses than a lawsuit in court. …
Challenging an Arbitration Award Read More