Arbitration and the Surety - Lee M Brewer

Arbitration and the Surety Lee M Brewer ISBN 9781641056571

It has become increasingly common for a surety’s principal to resolve disputes through arbitration, or for a surety to be asked to agree to arbitrate disputes involving its principal, oblige, or claimants. As a result, sureties and their counsel are more frequently required to evaluate the risks associated with arbitration—both in choosing to participate and in deciding whether to decline involvement when the principal is a party to the proceeding.

This compendium provides a timely and practical resource for surety practitioners in determining when a surety should or must participate in arbitration and the potential consequences of nonparticipation. It explores whether a surety must appear as a named party and examines the extent to which an arbitration award against the principal may have preclusive effects on the surety.

Beyond a comprehensive analysis of arbitration-related issues affecting sureties, the book also evaluates the cost-effectiveness of arbitration compared to litigation. It discusses strategies for controlling costs, effective ways to use arbitration to resolve disputes, and proactive measures sureties can take to reduce the risk of unfavorable outcomes. In addition, the authors and editors have compiled relevant case law from all 50 states to provide jurisdiction-specific guidance for practitioners confronting arbitration issues.

Topics include:

• Key issues, impacts, and ethical considerations

• Scope and enforceability of arbitration clauses and requirements

• Participation of the surety as a named party

• Enforcement of arbitration awards and limited rights of appeal

• A 50-state survey of res judicata and collateral estoppel effects on sureties

• Cost considerations and the comparative merits of arbitration

• Effective use of arbitration and strategies for minimizing adverse decisions

Arbitration and the Surety Lee M Brewer ISBN 9781641056571, 978-1641056571 & 9781641056588

Editors
Lee M Brewer
Ashley L Belleau
Laurence P Jortner
Mark A Oertel