Baker & Hostetler LLP | December 29, 2017 Arbitration is an alternative way to resolving disputes. It is often considered fast, cheaper and flexible vis-a-vis a litigation process. For this reason, the service offered by litigators is a high demand, leading to an upsurge in the number of entrants in the field. These make choosing the… Continue reading A 4-Pointer Guide to Choosing the Right Arbitrator
Category: Arbitration
Dispute Resolution: Arbitration – A Better Option for Resolving Construction Disputes
Kent B. Scott | Babcock Scott & Babcock This is the third installment in the series of articles on Dispute Resolution. Arbitration has long been favored as a means of resolving construction disputes. Many standard construction contract documents provide for a mandatory binding arbitration of all disputes arising under or related to the contract. Arbitration… Continue reading Dispute Resolution: Arbitration – A Better Option for Resolving Construction Disputes
Appellate Court Holds That the New Mexico Unfair Practices Act Applies to a “Services” Contract for the Construction of a Home, But Does Not Apply to a “Sales” Contract for the Sale of a Completed Home
Kristopher Berr | Pepper Hamilton LLP | October 5, 2017 Fogelson v. Bozzone, 2017 N.M. App. LEXIS 58 (July 26, 2017) In May of 2008, Wallen Development, LLC (“Wallen”) entered into a written agreement to construct and sell a new home to David and Corinne Fogelson (“Fogelson”). But, after Fogelson paid Wallen in excess of… Continue reading Appellate Court Holds That the New Mexico Unfair Practices Act Applies to a “Services” Contract for the Construction of a Home, But Does Not Apply to a “Sales” Contract for the Sale of a Completed Home
My Roof, My Rules: Arbitrators May Determine Their Own Jurisdiction When the Parties Delegate that Authority
Amandeep S. Kahlon | Buildsmart | September 20, 2017 An issue that repeatedly comes up in construction disputes is the scope of an arbitration agreement. Courts generally interpret agreements to arbitrate broadly, and, where the arbitrability of a specific claim has been at issue, courts often defer, allowing such questions to be answered by the… Continue reading My Roof, My Rules: Arbitrators May Determine Their Own Jurisdiction When the Parties Delegate that Authority
The Ten Most Widely Used Alternative Dispute Resolution Methods
Matthew R. McCubbins | Faegre Baker Daniels | August 9, 2017 Over the past two decades, arbitration has lost some of its luster as the best method to resolve construction industry disputes. The perceived “judicialization” of arbitration is at the heart of the industry’s recent dissatisfaction. Arbitration frequently assumes the hallmarks of a judicial proceeding… Continue reading The Ten Most Widely Used Alternative Dispute Resolution Methods