• Posts by Nicholas A. Simms
    Partner

    Nick Simms focuses on international arbitrations and disputes, construction disputes, and civil litigation, including commercial lawsuits, construction litigation involving private and governmental entities, gas ...

Lesson Learned from a Forever Arbitration – Interest on Stipulated/Contingent Settlements

A recent opinion from the Fourth Circuit Court of Appeals[1] highlighted a seemingly minor issue that can have huge future consequences: how to determine pre- or post-award interest on amounts that depend on contingent events in arbitration proceedings. From 2007 to 2008, a series of disputes arose between ...

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Owners’ Rights Pursuing Claims Directly Against Subcontractors/Vendors

In construction disputes, owners typically deal with defects within the scope of work of the subcontractor or vendor by pursuing claims directly against the general contractor. The owner, however, may consider pursuing claims directly against a subcontractor or vendor under certain circumstances.

Potential ...

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Strict Deadlines Apply to Motions to Vacate Arbitration Awards Under the Federal and Texas Arbitration Acts

When an arbitration tribunal issues an award, the first thing parties should do is calculate and calendar their deadlines to seek relief in court. This post discusses one such deadline—the one to file a motion to vacate or modify the award. Both the Federal Arbitration Act (FAA) and Texas Arbitration Act (TAA ...

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On March 31, 2022, the United States Supreme Court issued an important decision regarding federal courts’ subject matter jurisdiction to confirm, vacate, or modify arbitral awards under Sections 9 and 10 of the Federal Arbitration Act (“FAA”). The issue was whether, in such proceedings, courts can use a ...

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