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Prior Material Breach May Excuse Performance, but the Factfinder Must Agree It Was a Material Breach

USA - July 1 2020 In most jurisdictions, a party may be excused from any future performance under a contract by the prior material breach of the other party. A “prior…

Ian P. Faria, Amandeep S. Kahlon.

Read Your Contract: It May Cost You Your Arbitration Award

USA - July 29 2021 Imagine receiving an arbitration award in favor of your client. You move to confirm the award, and the award is vacated because the parties failed to…

Sydney M. Warren.

Fraudulently Filing Lien Backfires on Contractor

USA - July 27 2020 Liens represent one of the primary mechanisms by which contractors, subcontractors, and other downstream parties secure payment rights under a…

Amandeep S. Kahlon.

ICC releases new international Arbitration Rules - important changes for the construction and energy sector

Global - October 28 2020 The International Chamber of Commerce (ICC) International Court of Arbitration, one of the leading international arbitral institutions, has released…

Katherine H. Blankenship.

The Right to Arbitrate and the Risk of Losing It

USA - November 17 2020 The Alabama Supreme Court recently found that a party was in breach of an arbitration agreement for declining to pay the fee schedule set forth by…

Katherine H. Blankenship.