Venezuela is reeling from a multitude of woes. Vast swathes of the population have fled to neighboring countries as a humanitarian crisis flares out of control. The Venezuelan oil industry – the economy’s frail linchpin – has not escaped the morass. PdVSA, the...
Arbitration
Colorado Supreme Court Rules in Favor of Condominium Developers in Construction Defects Cases
On June 5, 2017, the Colorado Supreme Court issued a decision in Vallagio at Inverness Residential Condo. Ass’n v. Metro Homes, Inc., 2017 CO 69, June 5, 2017 (“Vallagio”) that will likely benefit condominium developers in Colorado by helping to alleviate litigation...
Don’t Risk Litigation Over the Arbitration Clause in Your Oil and Gas Lease
The arbitration clause in an oil and gas lease is likely not the most hotly negotiated term or even one that the parties think twice about. However, recent litigation in Pennsylvania should serve as a reminder to lessors and lessees to be aware that a poorly drafted...
Baseball Arbitration
Now that Spring Training is in full swing, let’s talk some baseball! Okay, not that kind of baseball, but another topic in our series on arbitration - “baseball arbitration.” Some parties are reluctant to submit disputes to arbitration because they worry about “split...
Arbitration Pitfalls – Broad or Narrow Scope
Arbitration Series - Part 3 of 3: When drafting an arbitration provision, careful attention should be given to the language describing the scope of disputes to be arbitrated. Unless the parties intend to arbitrate all disputes that may touch on or collaterally...
Arbitration Pitfalls – Failing to Specify Duration
Arbitration Series - Part 2 of 3: Arbitration clauses are often contained in purchase and sales agreements, underwriting agreements, earn-in agreements, and other contracts covering specific transactions or limited to a specific performance period. See prior...
Arbitration Pitfalls – Failing to Specify Who Decides Arbitrability
Arbitration Series - Part 1 of 3: Agreements to arbitrate are often viewed favorably during contract negotiations as way to avoid litigation and minimize costs and expense should a dispute arise between the parties. Frequently, however, arbitration may be just...