Andres Munoz | Practising Law Institute Artificial intelligence is changing more than how businesses operate. It is also changing the disputes they have and the contracts designed to resolve them. A traditional arbitration clause may state that disputes arising from an agreement will be submitted to arbitration, identify the governing rules and select a location.… Continue reading How Arbitration Clauses Are Being Adapted for AI-Related Disputes
Tag: arbitration
Why Expert Witnesses Disagree: Understanding Temporal Divergence in Arbitration
Michael Tonkin and Igor Corelj | HKA Introduction Disagreement between expert witnesses is a familiar and accepted feature of international arbitration. Indeed, much of the arbitration process surrounding expert witness evidence is designed around the expectation that disagreement will occur. Expert witness reports are exchanged. Joint statements are prepared. Expert witness conferences are convened. Cross-examination… Continue reading Why Expert Witnesses Disagree: Understanding Temporal Divergence in Arbitration
When Arbitrators Overreach: Utah Supreme Court Trims an Award Built on an Unpled Claim
Mark Morris and Tyson Prisbrey | Snell & Wilmer Construction industry participants have long favored arbitration to resolve disputes, prizing its speed, confidentiality, and finality over traditional litigation. That finality, however, depends on arbitrators staying within the bounds of what the parties actually put before them. In RV Holdings 4, LLC, et al. v. Standard… Continue reading When Arbitrators Overreach: Utah Supreme Court Trims an Award Built on an Unpled Claim
How AI Is Transforming Construction Disputes with AAA Leadership
American Arbitration Association Major construction projects generate vast amounts of data, including millions of documents, complex schedules, and frequent change orders. That makes today’s disputes more data-heavy than ever, and AI is emerging as a solution and a disruptor. From contract review and project design to worker safety, AI is transforming how the construction industry… Continue reading How AI Is Transforming Construction Disputes with AAA Leadership
When Clear Drafting is Not Enough: Fifth Circuit Rejects a “Sole Discretion” Arbitration Clause
Torin Shanahan | Epstein Becker & Green Parties use arbitration provisions for a variety of reasons, including enhanced efficiency and advantages of resolving disputes in private and outside of court. In crafting arbitration clauses, businesses often retain some asymmetry, giving one party rights the other party does not enjoy. Courts generally permit this, even in… Continue reading When Clear Drafting is Not Enough: Fifth Circuit Rejects a “Sole Discretion” Arbitration Clause