Brendan J. Witry | The Dispute Resolver As US-based construction lawyers know, arbitration is a frequently used method of dispute resolution. However, construction lawyers who practice primarily with projects and clients in the US may not be aware of the nuances that come with the use of arbitration on international projects. For this month’s installment… Continue reading Toolbox Talk Series: International Arbitration for the “Domestic” Construction Lawyer
Category: Arbitration
Manifest Disregard Discarded: Fifth Circuit Limits Grounds to Vacate Arbitration Awards
John Mark Goodman and Amandeep S. Kahlon | BuildSmart “Manifest disregard of the law” is no longer a valid basis to challenge arbitration awards, at least not in the federal courts of Texas, Mississippi and Louisiana. Rather, according to the Fifth Circuit’s decision in U.S. Trinity Energy Services v. Southwest Directional Drilling, 2025 WL 1218096 (Apr.… Continue reading Manifest Disregard Discarded: Fifth Circuit Limits Grounds to Vacate Arbitration Awards
Ohio Courts Reinforce Arbitration Provisions Despite Conflict, Missing Signatures and Litigation
Jeffrey Vaisa | Kohrman Jackson & Krantz Ohio courts are reaffirming a consistent and increasingly important theme: if your contract contains an arbitration clause, expect to be held to it. Three recent appellate decisions—Denham v. Encino Energy, LLC, Carter-Jones Lumber Co. v. Colabianchi Construction, Inc., and Murfey v. Muth—from across the state emphasize the enforcement of arbitration… Continue reading Ohio Courts Reinforce Arbitration Provisions Despite Conflict, Missing Signatures and Litigation
Mistake No. 10 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Not Treating Your Arbitrator Like Santa
David K. Taylor | BuildSmart I have practiced law for 40 years with the vast majority as a “construction” lawyer. I have seen great… and bad… construction lawyering, both when representing a party and when serving over 300 times as a mediator or arbitrator in construction disputes. I have made my share of mistakes and… Continue reading Mistake No. 10 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Not Treating Your Arbitrator Like Santa
AI Explained: Navigating AI in Arbitration – The SVAMC Guideline Effect
Rebeca E. Mosquera and Benjamin Malek | Reed Smith Arbitrators and counsel can use artificial intelligence to improve service quality and lessen work burden, but they also must deal with the ethical and professional implications. In this episode, Rebeca Mosquera, a Reed Smith associate and president of ArbitralWomen, interviews Benjamin Malek, a partner at T.H.E. Chambers… Continue reading AI Explained: Navigating AI in Arbitration – The SVAMC Guideline Effect