Representation in business arbitration
An arbitration clause can change where and how a business dispute is decided. We begin with the agreement, the demand or threatened claim, the applicable rules and the result the client needs. The analysis addresses both the merits of the dispute and the process for presenting it.
Our arbitration work is part of MJB's business and commercial litigation practice. James represents the client's interests through claims and defenses, document and witness preparation, hearings and related court proceedings. We also evaluate opportunities for a negotiated resolution as the matter develops.
Commercial arbitration disputes we handle
The arbitration agreement and underlying business relationship shape the issues, available procedures and potential remedies. Our representation addresses the following types of matters.
Commercial contract disputes
Claims involving payment, performance, termination, supply and service agreements, business purchases and other commercial obligations. We examine the contract alongside the performance record, claimed damages and available defenses.
Shareholder, LLC and ownership disputes
Disputes among business owners involving operating agreements, shareholder agreements, buyouts, distributions and contractual duties. The initial review considers whether an arbitration provision covers the parties and claims involved.
Construction contract and project disputes
Contested scopes of work, change orders, payment obligations, delays and alleged defects under construction agreements. We organize the contractual and project records around the issues that must be decided in arbitration.
Commercial property and lease disputes
Disagreements involving purchase agreements, commercial leases and other property-related contracts containing arbitration provisions. We assess the disputed obligations, the requested relief and any related court proceeding.
Arbitration agreements and related court proceedings
Disputes over whether an arbitration agreement exists, who is bound by it and which claims it covers. We evaluate requests to compel or stay arbitration and coordinate the arbitration with any related litigation.
Hearings, awards and enforcement
Preparation of witnesses, exhibits, written submissions and the presentation of claims or defenses at the hearing. After an award, we assess confirmation, enforcement and any potential challenge under the applicable law and deadlines.
Work with James Magnuson
James Magnuson represents businesses and owners in commercial litigation, contract disputes, shareholder matters, construction disputes and commercial real estate cases. His work includes trial and appellate representation as well as ongoing business counsel. That combination informs the assessment of an arbitration dispute, the governing agreement and the practical stakes for the client.
James is a contributing author to Shareholder Litigation, published by Thomson Reuters, and Advising Minnesota Corporations and Other Business Organizations, published by Juris Publishing.
Minnesota arbitration counsel for out-of-state businesses
MJB works with out-of-state companies and their existing attorneys in Minnesota business arbitration and related litigation. We can handle the matter directly or agree on a defined role alongside existing counsel, with responsibilities established at the outset.
Our Minnesota local counsel practice also handles related proceedings in Minnesota state courts and, where federal jurisdiction exists, the U.S. District Court for the District of Minnesota. Identify the arbitration forum, the parties, any court case and approaching deadlines when contacting the firm.
Commercial arbitration questions
Do I need an arbitration attorney or an arbitrator?
An arbitration attorney represents a party's interests. A neutral arbitrator hears the dispute and decides the issues submitted for determination. This page concerns hiring James Magnuson and MJB Law to represent your business in an arbitration claim or defense.
Do we have to arbitrate if the contract contains an arbitration clause?
The answer depends on the agreement, the parties, the claims and the governing law. The wording and enforceability of the arbitration provision require review; the existence of a clause does not resolve every question about its application. We assess the obligation to arbitrate and any available objection before recommending a response.
Relevant provisions include Minnesota Statutes § 572B.06, Minnesota Statutes § 572B.07 and Section 2 of the Federal Arbitration Act.
How do AAA or JAMS rules affect a business arbitration?
An agreement may designate the American Arbitration Association, JAMS or another process for administering the dispute. The agreement and applicable rules can affect filing requirements, arbitrator selection, information exchange, hearings and fees. We review those provisions when planning the representation. Naming a provider does not by itself answer every question about the scope of the arbitration agreement.
See the AAA's commercial dispute-resolution information and JAMS arbitration information.
Can we challenge an arbitration award?
Potential challenges require prompt review. Judicial review of an arbitration award is limited and generally is not a new trial of the underlying dispute. The available grounds, proper court and deadlines depend on the governing law and procedural history. We assess the award and arbitration record before advising whether a challenge has a supportable basis.
See Minnesota Statutes § 572B.23 and Section 10 of the Federal Arbitration Act.
What if we win an arbitration award but the other party does not pay?
Court confirmation and enforcement may be necessary. We examine the award, applicable law, court jurisdiction and potential sources of payment. Minnesota's confirmation procedure appears in Minnesota Statutes § 572B.22. After a judgment is entered, our commercial judgment enforcement practice addresses collection and related recovery issues.
What should we provide for an initial discussion?
Start with the parties' names, the nature and approximate amount of the dispute, the arbitration provider if known, and any response or hearing deadline. Useful records include the complete agreement and amendments, the arbitration demand and response, relevant correspondence, procedural orders and any award. Contact the firm first to arrange a conflict check and an appropriate method for sharing confidential documents.
Discuss a commercial arbitration dispute
Contact James Magnuson about bringing or defending a business arbitration, reviewing an arbitration demand or coordinating related Minnesota court proceedings. Identify the parties, the agreement, the amount or obligation in dispute and any approaching deadline.
Please provide only basic information initially. After checking for conflicts, the firm can arrange an appropriate method for reviewing confidential materials.