Geoff Adair, Stephanie Console, Matthew Liben, Lindsay Rowell and Andrew Kavanagh | Blakes Involving experts early and thoughtfully in construction projects is critical to mitigating disputes and achieving successful outcomes. Experts provide objective technical analysis, help translate complex data and enhance the credibility of project decisions, all of which position parties to avoid or efficiently… Continue reading Reducing Dispute Risk in Construction Projects: The Role of Experts
Category: Dispute Resolution
Claims Resolution Procedures in Construction Contracts
Joanne Clarke and Victoria Tyson | Global Arbitration Review Introduction Claims in construction projects are normal and to be expected, but the success of a project may be measured by, among other things, how claims have been administered and whether the parties have managed to avoid claims becoming disputes. Claims may arise under the contract… Continue reading Claims Resolution Procedures in Construction Contracts
One Size Doesn’t Fit All: Customizing Dispute Resolution For Commercial Contracts
Jonathan W. Fitch | JAMS Dispute resolution clauses are independent agreements within a contract and often do not get the attention they deserve. When drafting a complex agreement, it may be difficult to shift gears and imagine the problems that may arise in performance and the best way to deal with them. A court proceeding… Continue reading One Size Doesn’t Fit All: Customizing Dispute Resolution For Commercial Contracts
Dispute Resolution: Compelling Third-Party Evidence in the United States through Section 7 of the Federal Arbitration Act
Mark R. Wulfe, Camille Ng, Rachel B. Goldman and Martin Gusy | Bracewell This article is an extract from Lexology In-Depth: Dispute Resolution – Edition 17. Click here for the full guide. Introduction This year marks the 100th anniversary of the Federal Arbitration Act (FAA),1 the key federal legislation governing arbitrations in the United States. Section 7 of… Continue reading Dispute Resolution: Compelling Third-Party Evidence in the United States through Section 7 of the Federal Arbitration Act
Three-Dimensional Chess: Harmonizing Dispute Resolution Clauses in Commercial Insurance Programs
Elizabeth J. Dye and Mark J. Plumer | American Arbitration Association In this article, the authors highlight critical arbitration-related issues that risk managers and in-house counsel should consider when analyzing commercial insurance programs. The authors also offer recommendations to avoid obstacles wherever possible. Considering the complex structure of commercial insurance programs—typically purchased in annual “towers”… Continue reading Three-Dimensional Chess: Harmonizing Dispute Resolution Clauses in Commercial Insurance Programs