Sarah Biser

Sarah Biser

June 11, 2024 | New Jersey Law Journal

Supreme Court Decides That Federal Courts Should Stay Cases Subject to Arbitration

When claims at issue in a federal court suit are subject to arbitration, does the court have authority to dismiss the action, or should it stay the action pending resolution of the arbitration?

By Sarah Biser and Craig Tractenberg

5 minute read

March 19, 2024 | The Legal Intelligencer

Supreme Court to Review Standard for Showing 'Evident Partiality' by Arbitrators

The cases are important not only because of the large size of the awards at issue, but also because arbitration is the preferred method by which the world's commercial disputes are being resolved.

By Sarah Biser and Craig R. Tractenberg

5 minute read

February 05, 2024 | New Jersey Law Journal

Supreme Court Agrees To Hear Arbitration Case That Split Appeals Courts

Sarah Biser and Craig Tractenberg offer a summary of the federal court decisions that led to 'Smith v. Spizzirri,' an upcoming U.S. Supreme Court case.

By Sarah Biser and Craig Tractenberg

4 minute read

April 21, 2022 | The Legal Intelligencer

Focused on Arbitration Involving Franchises: The US Supreme Court's Take

Recently, the U.S. Supreme Court has ruled that, unlike petitions to compel arbitration, petitions for confirm or vacate an arbitration award cannot be brought in federal court simply because the underlying dispute involves a federal question.

By Craig R. Tractenberg and Sarah Biser

7 minute read

November 13, 2007 | New York Law Journal

Indemnity Provisions In Construction Contracts

Sarah Biser, a partner at McCarter & English, writes that often, the party to a construction contract with the greater negotiating power will require contractors and subcontractors to provide an indemnity against all liability, including liability caused by the negligence of that more powerful party itself. Although New York has sought to limit such indemnification provisions by statute, the cases interpreting the statute have not always done so consistently.

By Sarah Biser

14 minute read