On Dec. 9, 2024, the Minnesota Court of Appeals reinforced the state’s strong presumption in favor of arbitration in Provost v. Lundmark.

The case involved a family trust created by the mother for the benefit of her three children and their descendants as the beneficiaries. The trust property included the family’s homestead, which was to be distributed outright to the beneficiaries upon the mother’s death. John, the son and co-trustee, wanted to purchase the homestead from […]

In the early 2000s, arbitral institutions began to introduce rules allowing for the appointment of an emergency arbitrator – a sole arbitrator appointed on an expedited basis to deal with claims for interim relief that cannot wait until the tribunal is constituted. While an arbitral tribunal can generally grant interim relief, it can take weeks, or even months, to constitute an arbitral tribunal. Without the option to appoint an emergency arbitrator, parties were forced to either […]