James T. Swensen | JAMS Have you ever handled a case that was difficult to settle because of a single disputed fact? Party A insists something is black, while Party B argues just as adamantly that it is white. These types of factual disputes often become significant roadblocks to resolution, prolonging the process and increasing… Continue reading A Potentially Less Expensive and More Effective Arbitration Process
Category: Arbitration
Three-Dimensional Chess: Harmonizing Dispute Resolution Clauses in Commercial Insurance Programs
Elizabeth J. Dye and Mark J. Plumer | Policyholder Pulse Considering the complex structure of commercial insurance programs—typically purchased in annual “towers” of insurance—risk managers and in-house counsel often do not pay sufficient attention to arbitration-related provisions, which the insurance industry is more frequently including in its policies. That’s like playing only one board in… Continue reading Three-Dimensional Chess: Harmonizing Dispute Resolution Clauses in Commercial Insurance Programs
Mistake No. 8 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Know the Benefits and Perils of a Privately Administered Arbitration
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. 8 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Know the Benefits and Perils of a Privately Administered Arbitration
2024 Construction Arbitration Rules Update
Marc Feinstein, Sherin Parikh and Andrew Weisberg | O’Melveny & Myers In March 2024, the American Arbitration Association (AAA) updated its Construction Industry Arbitration Rules, introducing two specific revisions that could impact future arbitrations. The revisions relate to consolidation and joinder, as well as arbitrator selection. As we approach the one-year anniversary of these changes,… Continue reading 2024 Construction Arbitration Rules Update
The Arbitration Club… Is Not So Exclusive
Daniel Lund III | Phelps Dunbar What happens when your designated arbitration forum is no longer available? Plaintiff entered a subcontract in 2017 for an oil-and-gas project, which included an arbitration clause referring disputes to arbitration under the rules of Dubai International Financial Centre’s joint partnership with the London Court of International Arbitration, a/k/a the… Continue reading The Arbitration Club… Is Not So Exclusive