Category: Arbitration

Highlights from the AAA’s New Publication on Discovery Best Practices

R. Thomas Dunn and David Fitzpatrick | Pierce Atwood The American Arbitration Association (“AAA”) released recommendations for AAA Construction Advocates and Arbitrators with regard to best discovery practices and tips for Construction Arbitration.  See American Arbitration Association Discovery Best Practices for Construction Arbitration (“Best Practices”).  Through the AAA National Construction Dispute Resolution Committee, our own John Bulman played a key… Continue reading Highlights from the AAA’s New Publication on Discovery Best Practices

Try Med-Arb as an Alternative to the Typical Alternative Dispute Resolution

Brian Gaudet | Kilpatrick Townsend & Stockton An alternative to traditional alternative dispute resolution called med-arb, a combination of mediation and arbitration, should be strongly considered in small and uncomplicated cases. Alternative dispute resolution in the construction context typically means arbitration and mediation. Dispute review boards and executive negotiations are some others, but those are… Continue reading Try Med-Arb as an Alternative to the Typical Alternative Dispute Resolution

Servotronics, Inc. v. Rolls-Royce PLC: What the U.S. Supreme Court’s Upcoming Decision on 28 U.S.C § 1782 Means for International Construction Arbitration

Hailey Barnett and Zach Torres-Fowler | Forum on Construction Law On March 22, 2021, the U.S. Supreme Court announced that it would consider the hotly contested issue of whether 28 U.S.C. § 1782 (“Section 1782”) grants parties to international commercial arbitrations seated outside the United States the right to seek U.S.-style discovery from the federal… Continue reading Servotronics, Inc. v. Rolls-Royce PLC: What the U.S. Supreme Court’s Upcoming Decision on 28 U.S.C § 1782 Means for International Construction Arbitration

Putting Your Best Foot Forward in a Remote Arbitration

Stephanie L. Noble | Vinson & Elkins At the beginning of 2020, arguing hearings and trying cases in a completely remote environment seemed like science fiction. Now, just a year later, courts and litigants have adapted to our new virtual litigation environment. While virtual jury trials are still few and far between, one trend has… Continue reading Putting Your Best Foot Forward in a Remote Arbitration

Important Changes to International Arbitration Procedures

Carly Miller and Katherine H. Blankenship | Buildsmart To all our friends with international projects, partners, or contracts, please take note of some significant changes to one of the potential sets of procedures and rules that may govern or apply to your international dispute. The International Centre for Dispute Resolution (ICDR) recently amended its Dispute… Continue reading Important Changes to International Arbitration Procedures