Lexie Pereira | Forum on Construction Law Flow-down, or pass-through, provisions are among the most important provisions in all subcontracts, at least from the perspective of general contractors. These classic risk-transfer provisions provide that the subcontractor will be bound to the general contractor in the same fashion that the general contractor is bound under its… Continue reading Flow-Down Showdown: The Interplay of Arbitration Agreements and Flow-Down Provisions
Category: Arbitration
Value Engineering Construction Arbitration: Designing A Better Process And Techniques Arbitrators Can Use To Help Parties Reach A Faster, More Cost-Effective Resolution
Laura C. Abrahamson | JAMS The rapid growth of construction arbitration over the last 20 years is a testament to its advantages over traditional litigation: speed, cost and flexibility. But as parties submit larger and more sophisticated disputes, they are looking for ways to ensure the process can still provide those advantages. Before joining JAMS,… Continue reading Value Engineering Construction Arbitration: Designing A Better Process And Techniques Arbitrators Can Use To Help Parties Reach A Faster, More Cost-Effective Resolution
In Brief: Arbitration Agreements in USA
Matthew E. Draper | Draper & Draper Arbitration agreement Arbitrability Are there any types of disputes that are not arbitrable? There are very few restrictions on the types of disputes that can be arbitrated under federal law. Certain intrastate family, consumer and municipal matters may be considered non-arbitrable under state law. Requirements What formal and… Continue reading In Brief: Arbitration Agreements in USA
Disputes Over Arbitrator Qualifications: The Northern District of California Offers Some Guidance
Justin K. Fortescue | White & Williams The selection of an arbitration panel can often lead to disputes between the parties regarding things like whether a particular candidate is qualified, whether a challenge to an arbitrator’s qualifications can be addressed pre-award and whether a party that names an unqualified arbitrator should lose the opportunity to… Continue reading Disputes Over Arbitrator Qualifications: The Northern District of California Offers Some Guidance
The Significance of Nonverbal Communication in Mediation and Arbitration
Joan B. Kessler | JAMS Nonverbal communication may impact participants’ thoughts and emotions in a mediation or arbitration and should be considered when evaluating communication feedback during these sessions. While the words that are spoken are critical to assessing communication, assessing the meaning of words through evaluating nonverbal gestures and cues, body language and eye… Continue reading The Significance of Nonverbal Communication in Mediation and Arbitration