John Mark Goodman | BuildSmart Many construction contracts these days include an arbitration provision. Those provisions generally provide that disputes between the parties will be resolved through private arbitration rather than litigation in the public court system. As with other contractual rights, the right to invoke arbitration is waivable. Waiver may be accomplished expressly or… Continue reading No Games Allowed: Right to Arbitrate Waived by Filing Suit and Waiting to Request Arbitration
Category: Arbitration
Technology Is Changing Disputes. Arbitration Remains the Best Way to Resolve Them.
American Arbitration Association Today’s disputes are more technical, more complex, and often harder to manage. Disputes involving blockchain, cryptocurrency, and data breaches have increased steadily, introducing new types of claims and evidence. Artificial intelligence is adding another layer. In many cases, contracts were written for systems with consistent and predictable outputs. AI doesn’t always fit… Continue reading Technology Is Changing Disputes. Arbitration Remains the Best Way to Resolve Them.
The 2026 ICC Arbitration Rules: Key Changes for Construction Disputes
Michael Valo | Glaholt Bowles The revised ICC Rules of Arbitration came into force on 1 June 2026, replacing the 2021 edition that had governed ICC arbitrations for the preceding five years. For parties involved in international construction projects, where disputes are often high-value, multi-party, and document-intensive, several of the amendments are of particular practical significance. This… Continue reading The 2026 ICC Arbitration Rules: Key Changes for Construction Disputes
What Is an Arbitration Agreement? Definition, Elements & Best Practices
Belma Sujkovic | DiliTrust An arbitration agreement is a contractual provision requiring parties to resolve disputes through private arbitration rather than court litigation. A neutral arbitrator hears evidence and issues a binding decision, trading courtroom formality for speed, privacy, and efficiency. For legal professionals, these agreements are strategic risk management tools that determine who controls disputes, how… Continue reading What Is an Arbitration Agreement? Definition, Elements & Best Practices
How Contract Design Is Shaping International Construction Arbitration
American Arbitration Association In international construction, the seeds of a future dispute are often planted in the contract. Risk allocation, local conditions, performance obligations, and termination rights can all shape how a project unfolds and how difficult a dispute becomes if arbitration is later filed. At the 2026 International Centre for Dispute Resolution® (ICDR ®)… Continue reading How Contract Design Is Shaping International Construction Arbitration