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The Impact of Mandatory Arbitration Clauses in Commercial Agreements

February 21, 2025
Mandatory arbitration clauses are a common feature of both modern commercial and consumer agreements, requiring that disputes be resolved through arbitration rather than litigation. While these clauses are often portrayed as a means of avoiding the delays and costs associated with the courts, they have generated significant debate regarding fairness, particularly when one party has a stronger bargaining position. This article explores the implications of mandatory arbitration in the commercial context and discusses recent efforts to regulate its use. Why...
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The Rise of Arbitration in Commercial Contracts: Pros and Cons

February 18, 2025
Arbitration has become an increasingly popular method of dispute resolution in commercial contracts, often included as a standard clause in agreements between businesses. Companies across industries, from construction to finance, have turned to arbitration to avoid the costs, delays, and unpredictability of litigation. However, while arbitration offers significant benefits, it also carries potential downsides that can impact both parties. The Benefits of Arbitration for Commercial Disputes One of the key reasons businesses choose arbitration is its efficiency. Unlike litigation, which...
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Court Hearing Held on Presentation of Final Orders in Homestead Litigation

July 29, 2024
On Friday, July 26, 2024, the parties in the Homestead Litigation (Hillius, et al. v. 18 Paradise, LP, et al) appeared before Judge David Freeman to present proposed findings and orders with respect to the court’s final orders in a case that has been ongoing since 2020. Judge Freeman had issued an oral ruling at a hearing on July 3, 2024, following a two-week trial in May 2024, and the parties returned to court to present proposed orders. After nearly...
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Judge Issues Key Ruling in Homestead Case

July 5, 2024
Following a two-week trial in May, Whatcom County Superior Judge David Freeman rendered an oral ruling in the Hillius v. 18 Paradise, LLP on July 3, 2024. The decision comes at the end of a hard-fought legal battle that has embroiled the Homestead Farms community in Lynden, Washington for nearly 4 years. The judge’s decision addressed numerous claims and counterclaims of the various parties, including the decision to invalidate certain decision made by MJ Management, LLC the management company that...

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