Wall Street Journal As a judge in Miami, Jennifer Bailey saw how court cases could drag on. Since becoming an arbitrator with the American Arbitration Association® (AAA®), however, she has been struck by how quickly the dispute resolution process can work: In one case involving a dispute over construction materials, the parties settled the matter in… Continue reading The Power of Resolution
Category: Dispute Resolution
The Function and Role of Damages Experts in Arbitration: Ensuring Competence, Independence and Transparency
Anthony Theau-Laurent, Edmund Richards and Louis Osman | Global Arbitration Review Introduction In dispute resolution processes, such as arbitration, litigation or mediation, experts are often instructed to provide an opinion on specific matters within their area of expertise. When one party (or several) seeks financial compensation for the damage sustained as a result of another… Continue reading The Function and Role of Damages Experts in Arbitration: Ensuring Competence, Independence and Transparency
Arbitration Clauses Are Not Boilerplate
Kirsten Wolmarans | Webber Wentzel Most people involved in negotiating, delivering or managing an energy or infrastructure project will never read the 2026 Arbitration Rules of the International Chamber of Commerce (the 2026 ICC Rules). They may not need to. But they do need to understand what their dispute resolution clause does when something goes wrong. The… Continue reading Arbitration Clauses Are Not Boilerplate
Use of Expert Determination as an ADR Method
Ali Fard | Ankura Alternate Dispute Resolution (ADR) mechanisms are generally designed to deliver time and cost efficiency, procedural flexibility, and confidentiality. However, one key consideration that is often understated is the degree of confidence the chosen ADR method can provide in achieving a fair and reasonable outcome. Many dispute resolution specialists have experienced utterly… Continue reading Use of Expert Determination as an ADR Method
California Civil Code 8850: A New Era for Change Order Claim Resolution
Leah R. Mohammadi and Ariel Shaeps | Allen Matkins Senate Bill No. 440: The Private Works Change Order Fair Payment Act. Signed into law on October 10, 2025, SB 440, which has been codified as California Civil Code Section 8850 (Act), establishes a mandatory, step-by-step dispute resolution process for change order claims on private construction… Continue reading California Civil Code 8850: A New Era for Change Order Claim Resolution