Jarod Taylor and Scott Eisman | Axinn Veltrop & Harkrider Companies often seek to avoid the expense and outsized potential liability of class actions by including class action waivers and arbitration clauses in contracts with consumers, employees, and corporate counterparties alike. But plaintiffs have increasingly been calling their bluff. Rather than being deterred by the… Continue reading Be Careful What You Wish For: Class Action Waivers and Arbitration Agreements Can Create Headaches if Not Carefully Drafted
Category: Arbitration
AI as Arbitrator for Certain Low-value Construction Disputes
Katrina Limond, Kirsten O’Connell, Christopher Ryan | A&O Shearman The AAA-ICDR has announced that, beginning on 3 November 2025, parties to certain low-value construction arbitrations can elect to have an AI arbitrator resolve the dispute. The AAA-ICDR’s objective is to provide a resource that delivers “fast, cost-effective, and trusted dispute resolution.” While there are clear… Continue reading AI as Arbitrator for Certain Low-value Construction Disputes
Court or Arbitration? Why Contractors Can’t Afford to Get this Wrong
Matthew DeVries | Best Practices Construction Law As a construction litigation lawyer, dispute resolution is a recurring issue. It starts before the project begins at the time of contract negotiation, where the parties decide whether to require litigation or arbitration of their disputes. During project performance, disputes can often be addressed formally or informally. And after… Continue reading Court or Arbitration? Why Contractors Can’t Afford to Get this Wrong
Dispositive Motions in AAA Construction Arbitration: Why You Should Think Twice
Lisa Colon | The Dispute Resolver When involved in a construction arbitration under the AAA rules, the urge to file a dispositive motion can be strong. After all, wouldn’t it be beneficial to eliminate your opponent’s case early and save the time and expense of a full hearing? However, before drafting that motion to dismiss… Continue reading Dispositive Motions in AAA Construction Arbitration: Why You Should Think Twice
Smarter e-Discovery: Streamlining Construction Arbitration in the Digital Age
Iman Hyder-Eliz | American Arbitration Association The construction industry’s digital transformation has revolutionized how projects are designed, built, and managed. However, it has also complicated the resolution of disputes. The ever-growing volume of electronically stored information (ESI), from drone footage to cloud-based project logs, has made discovery more complex, more expensive, and more prone to… Continue reading Smarter e-Discovery: Streamlining Construction Arbitration in the Digital Age