Robert Alfert, Jr. and Edward R. Philpot | Nelson Mullins Riley & Scarborough LLP | November 2, 2018 “Litigation is a basic legal right guaranteeing every corporation its decade in court.” Attributed to David Porter, Executive Vice President of Microsoft. Most courts and juries are ill-equipped to handle complex business and technical litigation matters, yet most… Continue reading Rethinking the Boilerplate: Alternative Dispute Resolution Procedures in Construction Contracts
Category: Arbitration
Who Decides Arbitrability? Judge Or Arbitrator? (Again)
Mack Sperling | North Carolina Business Litigation Report | September 12, 2018 Having a client required to arbitrate a case — even though that client never signed off on an arbitration provision — is nothing new. Judge Conrad dealt with that situation late last month in Charlotte Student Housing DST v. Choate Construction Co., 2018 NCBC… Continue reading Who Decides Arbitrability? Judge Or Arbitrator? (Again)
When a Flow Down Provision Doesn’t Flow Up: Oregon Appellate Court Holds That a Flow Down Provision From a Prime Contract With an Arbitration Clause Does Not Grant Subcontractors a Right to Compel Arbitration With Owner
R. Zachary Torres-Fowler | Pepper Hamilton LLP | September 27, 2018 Eugene Water & Elec. Bd. v. MWH Americas, Inc., 2018 Ore. App. LEXIS 879 (July 25, 2018) On July 25, 2018, an Oregon appellate court concluded that a pair of subcontractors could not compel an owner to arbitrate its claims against them by virtue… Continue reading When a Flow Down Provision Doesn’t Flow Up: Oregon Appellate Court Holds That a Flow Down Provision From a Prime Contract With an Arbitration Clause Does Not Grant Subcontractors a Right to Compel Arbitration With Owner
Third Parties in Construction Arbitration Cases Can be Compelled to Produce Documents
Sunu M. Pillai | Construction Industry Counselor | September 25, 2018 Contrary to what many construction contractors and owners may believe, construction arbitration often involves substantial document production. This may include production of documents from third parties not directly involved in the arbitration. The question often arises as to whether an arbitrator can compel production… Continue reading Third Parties in Construction Arbitration Cases Can be Compelled to Produce Documents
Why Getting the Wrong Result in Arbitration May Be What You Bought
Ken Slavens | The Contractor’s Perspective | September 25, 2018 Arbitration is often seen as a way of getting a more predictable result in complex construction disputes. The subject matter expertise available with experienced arbitrators and the finality of the arbitration process itself are certainly important considerations. But resolving disputes in arbitration can sometimes lead… Continue reading Why Getting the Wrong Result in Arbitration May Be What You Bought