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30 Oct, 2020

Overturning a Crop Insurance Arbitration: The Struggle is Real

2020-11-03T14:49:14-06:00October 30th, 2020|Arbitration, Crop Damage Claims, Crop Insurance, Midwest Agricultural Law|

Ask anybody who has attempted to overturn an arbitrator's award in a crop insurance arbitration; the struggle is real even when the arbitrator is dead wrong. Crop insurance arbitration is held to the standards of the Federal Arbitration Act (the "Act").  The Act strictly prohibits overturning an arbitration award unless "the arbitrators exceeded their powers, or so imperfectly executed them that a mutual final, and definite award upon the subject [...]

20 Feb, 2014

Arbitration—is it Really the Better Way to Resolve Construction Disputes?

2018-04-23T23:55:15-05:00February 20th, 2014|Alternative Dispute Resolution, Construction Contractor Advisor|

Avoid litigation at all costs was the mantra several years ago. Supporters of arbitration claimed that it was less expensive, quicker and avoided run-away juries. But, are these claims still true? Is arbitration still better? Well, it depends. Some claims may benefit from arbitration, but the benefit is not always clear. AIA Contracts Don’t Push Arbitration For those of you using AIA contracts, you have probably seen that arbitration is [...]

16 Jan, 2014

Arbitration Clauses Must Be Clear and Consistent

2018-04-23T23:55:15-05:00January 16th, 2014|Construction Contractor Advisor, Construction Contracts|

I bring you a case from Hawaii to warm you through this cold snap we are having. A recent case required the parties to litigate whether the arbitration clause in the contract applied to the supplemental conditions and the damages caused by the work done under the supplemental conditions. The contract at issue contained a boilerplate arbitration agreement:  Any claim arising out of or related to the contract . . [...]

13 Oct, 2012

And in this Corner: Preparing for Crop Insurance Arbitration

2018-04-23T18:22:22-05:00October 13th, 2012|Construction Contractor Advisor, Crop Insurance, Midwest Agricultural Law|

Farmer v. Crop Insurer I was hanging out in Midwesttown, USA the other day and came across a poster advertising an event held at the community center.  The poster read: FIGHT NIGHT! Jimmythe Farmer v. Craig Crop Insurer in a 12 round winner take all bout.  So I headed right over, laid down my money and walked in to a sold out fight.  It was a good fight with both fighters standing toe to toe [...]

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