Creighton P. Dixon and Courtney Moore | Snell & Wilmer In Chayce Concrete, LLC v. Path Construction Southwest, LLC, the Arizona Court of Appeals reaffirmed Arizona courts’ deference to arbitrators when it comes to confirming an arbitrator’s award. The opinion further highlights the importance of timely addressing discovery disputes, including requests to postpone a hearing. The… Continue reading Arbitration Lessons From a Arizona Recent Case, Chayce Concrete, LLC v. Path Construction Southwest, LLC
Category: Arbitration
Litigation or Arbitration: Which is Better for Adjudicating Contract Disputes?
Todd M. Conley | Womble Bond Dickinson Ask anyone with experience on construction projects, particularly large, complex “mega-projects,” and they will tell you that disputes are an expected part of doing business. It is rare that these projects come in on schedule and on budget; when they do not, the contractor and owner often vigorously… Continue reading Litigation or Arbitration: Which is Better for Adjudicating Contract Disputes?
What’s An Emergency Arbitrator? And Should I Appoint One?
Hughes Hubbard & Reed What is an emergency arbitrator? In the early 2000s, arbitral institutions began to introduce rules allowing for the appointment of an emergency arbitrator – a sole arbitrator appointed on an expedited basis to deal with claims for interim relief that cannot wait until the tribunal is constituted. While an arbitral tribunal can generally… Continue reading What’s An Emergency Arbitrator? And Should I Appoint One?
“Prejudice” No Longer an Element to Determine Waiver of Right to Compel Arbitration
Jared W. Slater | Ervin Cohen & Jessup In 2003, the California Supreme Court adopted a stringent test to determine whether an employer had waived its right to compel arbitration of an employee’s claims. The most critical, and often determinative, factor was “prejudice” to the party resisting arbitration. In other words, the courts were obligated… Continue reading “Prejudice” No Longer an Element to Determine Waiver of Right to Compel Arbitration
The Collective Cost Paid for Arbitration’s Numerous Benefits
Christopher Rifer | Ahead of Schedule Arbitration agreements have become commonplace in construction contracts. As a result, a significant portion of construction disputes are resolved privately through arbitration rather than in public courts. Arbitration has many benefits ranging from cost savings and faster resolutions to a private forum that keeps disputes from spilling out into… Continue reading The Collective Cost Paid for Arbitration’s Numerous Benefits