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- Title
CONSTRUCTION --ARBITRATOR AUTIIORITY-- INTERM ORDER--AMERICAN ARBITRATION ASSOCIATION RULE 34--MASSACHUSETTS.
- Abstract
This article focuses on the court ruling in the case of Charles Construction Co. Inc. v. Derderian. In this particular case, the arbitrator was without authority to order a party to provide security while the arbitration was continuing because the assets that were being safeguarded were not the subject matter of the arbitration. James Derderian, as trustee of Parkman Realty Trust, and Charles Construction Company entered into a contract with regard to the construction of a condominium and parking garage. The contract contained an arbitration provision requiring the submission of disputes arising out of the contract to arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association. Disputes arose and were submitted to arbitration. In this particular case, the arbitrators were without authority to order a party to provide security while the arbitration was continuing because the assets that were being safeguarded were not the subject matter of the arbitration.
- Subjects
MASSACHUSETTS; ARBITRATION &; award; LEGAL judgments; DERDERIAN, James; CHARLES Construction Co. Inc.; COURTS
- Publication
Arbitration Journal, 1992, Vol 47, Issue 2, p60
- ISSN
0003-7893
- Publication type
Article