Ira M. Schulman | Pepper Hamilton LLP | March 31, 2016 The construction industry has been a leader in the use of arbitration to resolve disputes. In the past 30 years, it is fair to say that arbitration has outpaced litigation as the dominant method of dispute resolution. The protracted time for a construction case… Continue reading Agreements to Arbitrate Are Simple, Right?
Category: Arbitration
The Camel’s Nose: Incorporating Commercial and Construction Arbitration Rules
Jackson Hill, IV | Bradley Arant Boult Cummings | Construction and Procurement Law News | March 23, 2016 There is an old proverb that states, “If the camel once gets his nose in the tent, his body will soon follow.” Stated differently, one should not let the camel’s nose inside unless he or she is… Continue reading The Camel’s Nose: Incorporating Commercial and Construction Arbitration Rules
Arbitration 201: Drafting the Arbitration Clause for the Arbitration you want
Erika Birg | Inside Counsel | March 24, 2016 The parties are close to completing their negotiations on every point in the deal, but there is one aspect left: dispute resolution. It is admittedly difficult when putting together an agreement to look ahead to how it may fall apart in the future, but that is… Continue reading Arbitration 201: Drafting the Arbitration Clause for the Arbitration you want
Litigating Construction Defects in Community Association Property: Part III
D. Brad Hughes | Jimerson & Cobb P.A. | March 18, 2016 Recap of Part II This article is Part III of a four part series. Part I was meant to inform the Board of a Condominium or Homeowners Association of some basic steps that should be taken when significant latent construction defects are discovered.… Continue reading Litigating Construction Defects in Community Association Property: Part III
Nevada Supreme Court Finds Waiver of Right to Arbitrate Based on Separate, But Related Litigation
Mark W. Frilot | The Dispute Resolver | March 16, 2016 The Nevada Supreme Court recently ruled that a party defendant waived its right to compel arbitration due to its litigation conduct in a separate, but related litigation. The court also clarified Nevada jurisprudence regarding whether the court or arbitrator should decide if a party… Continue reading Nevada Supreme Court Finds Waiver of Right to Arbitrate Based on Separate, But Related Litigation