Michael Pogue and Gareth McDermott | Global Arbitration Review Introduction Damages in construction disputes can arise from many different project-specific circumstances, with the type of damage suffered and the method of quantification dependent on, among other things, the discrete facts of the case, the governing law, the form of contract and the available evidence. However,… Continue reading Construction Dispute Damages: Key Claims and Quantification Methods in International Arbitration
Tag: arbitration
The Function and Role of Damages Experts in Arbitration: Ensuring Competence, Independence and Transparency
Anthony Theau-Laurent, Edmund Richards and Louis Osman | Global Arbitration Review Introduction In dispute resolution processes, such as arbitration, litigation or mediation, experts are often instructed to provide an opinion on specific matters within their area of expertise. When one party (or several) seeks financial compensation for the damage sustained as a result of another… Continue reading The Function and Role of Damages Experts in Arbitration: Ensuring Competence, Independence and Transparency
What Arbitrators Actually Think About Your Expert
Barbara A. Reeves | JAMS Unlike a jury, an arbitrator is rarely seeing anything for the first time. That changes everything. Experienced arbitrators have heard hundreds of experts—they recognize the theater, they spot the evasions, and they dislike witnesses who sacrifice credibility for advocacy. The qualities that make an expert effective before an arbitrator are… Continue reading What Arbitrators Actually Think About Your Expert
Why Arbitration Works: Structure, Flexibility, and Expertise
Kendal Enz | American Arbitration Association Arbitration is often resolved more quickly than litigation, but what about the process makes this possible? According to Carol E. Heckman, a former judge, partner at Lippes Mathias, and an American Arbitration Association® arbitrator, the answer lies in arbitration’s structure, its flexibility, and the role experienced neutrals play in… Continue reading Why Arbitration Works: Structure, Flexibility, and Expertise
Can Claimants Avoid Arbitration by Adding Non-Signatory Defendants?
Aceris Law Arbitration clauses are not always challenged directly. Often, the challenge is more subtle: a claimant brings court proceedings against both the contractual counterparty and an additional defendant who never signed the arbitration agreement, i.e., a non-signatory or third party. The question then becomes whether that party structure is enough to keep the dispute in… Continue reading Can Claimants Avoid Arbitration by Adding Non-Signatory Defendants?