Feb 11, 2015

An Arbitration Agreement Binds a Receiver

In Wiand v. Schneiderman, Case No. 14-11203 (decided February 10, 2015), the United States Court of Appeals for the Eleventh Circuit held that a receiver appointed by a federal court was bound to adhere to existing arbitration agreements when performing activities as a receiver. A federal court had appointed the appellant, Burton Wiand, as a receiver for six hedge funds that were alleged to have been part of a Ponzi scheme. The receiver was appointed to marshal the assets of the hedge funds in order to compensate the defrauded investors. As a part of that effort, Mr. Wiand initiated cases… Read more

Sep 18, 2013

Can You Arbitrate Where You Want To?

Authored by: Darren Rowles A forum selection clause is a contractual provision designating a certain state or court as the jurisdiction in which the parties will resolve disputes arising out of their contract.  These clauses are very common in the construction industry.  Just as common are agreements to arbitrate disputes arising out of the contract, which may also select where the dispute will be heard.  If, for example, a Georgia company enters into contracts to perform work outside of the state, it might still want its contract to include a provision indicating that all disputes relating to the contract are… Read more