GRL Partner Joshua Kirsch Prevails in Binding Arbitration
Josh Kirsch recently prevailed in a binding arbitration involving breach of an agreement to settle an underlying cargo claim. GR&L’s client submitted a cargo claim against a motor truck carrier. Prior to the involvement of any counsel, the client and carrier negotiated the claim and agreed to a settlement, after which the carrier prepared a release, which GR&L’s client executed and returned to the carrier. Several weeks later, the carrier advised that it had changed its position and decided to deny the cargo claim instead. The client then referred the matter to GR&L. The contract of carriage was subject to binding arbitration in Missouri under Missouri law, and provided for attorneys’ fees and costs to the prevailing party. GR&L submitted the matter to arbitration, seeking to enforce the settlement agreement. The arbitrator ruled in favor of GR&L’s client, awarding the full amount of the settlement, plus interest, costs, and attorneys’ fees.