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Construction Law

: Construction Attorney Blog

Trial court has jurisdiction to determine whether statute of limitations bars arbitration

By Werner Sabo

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In Day Masonry v. Independent School Dist. 347, 2009 WL 1182053 (Minn.App., May 5, 2009), the appellate court held that a trial court can stay arbitration if the movant can demonstrate that the applicable statute of limitations has expired. The court rejected the argument that only the arbitrator can decide such matters. A trial court may resolve factual issues that are necessary to determine if the demand for arbitration was timely.

Full post as published by Construction Attorney Blog on May 08, 2009 (boomark / email).

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