Urquhart Mediation LLC
Jack E. Urquhart
Mediator
Jody M. Urquhart
Mediator
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Publications
MEDIATION: Mediation Confidentiality Protection
Jack E. Urquhart© July 31, 2018
A California trial court disqualified the law firm of Pepper Hamilton as counsel for URS/AECOM in its lawsuit against Atkinson/Walsh Joint Venture. The trial court found Pepper Hamilton violated a mediation confidentiality agreement by misusing documents exchanged during the mediation. This disqualification was recently reversed by a California intermediate court of appeal. URS Corporation v. Atkinson/Walsh, GO55271 (Cal. App. 4th July 26, 2018)(Not for publication). The case highlights the challenges parties can encounter in protecting information disclosed during mediation. Importantly, the mediator appropriately played no role in drafting the parties’ written Confidentiality Agreement.
ARBITRATION: International Arbitration-Federal Jurisdiction & Provisional Remedies
Jack E. Urquhart© July 15, 2018
Stemcor USA Incorporated v. Cia Siderurgica Do Para Consipar, No. 16-30984 (5th Cir. July 11, 2018) addresses federal court jurisdiction based on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards and court enforcement of provisional remedies in aid of arbitration.
Federal Jurisdiction: Convention on Recognition and Enforcement of Foreign Arbitral Awards
Daewoo International Corp., a South Korean trading company, entered a series of contracts with American Metals Trading. All the contracts had arbitration provisions. Daewoo paid American Metals for pig iron, but American Metals never delivered it. Daewoo filed suit in federal court, seeking an order to compel arbitration and an attachment of the pig iron still possessed by American Metals.
Now published at Mediate.com
ARBITRATION: Beware the Term “May”
Jack E. Urquhart© August 12, 2018
Southern Green Builders, LP v. Cleveland, No. 14-17-00483-CV (Tex. App.—Houston[14th Dist.] August 9, 2018) is close case, but it hammers home a crystal-clear contract drafting caution. “May” is a perilous term for those truly desiring mandatory arbitration of contractual disputes.
A builder and his customer executed a contract, providing that disputes “may be submitted to binding arbitration, but both parties shall also have the right to seek other legal remedies as they see fit and the law allows.”