Erika Levin, Ari Stern and Samantha Kunin | Fox Rothschild Why strategic drafting of dispute resolution clauses is essential in high-stakes dealmaking The most expensive clause in a contract may be the one nobody notices until a substantial disagreement arises — the dispute resolution clause. A poorly chosen forum or process can add years of… Continue reading The Clause That Can Cost The Most If You Get It Wrong
Category: Dispute Resolution
Blueprints for Resolution: The Art of Designing ADR Clauses for Construction Projects
Rick Zieglowsky | American Arbitration Association Construction projects today involve increasing complexity, leading to more frequent and intricate disputes. To avoid costly litigation and secure a decision-maker with industry expertise, many in the construction industry turn to alternative dispute resolution (ADR), with the first critical step being the drafting of an effective ADR clause. Effective… Continue reading Blueprints for Resolution: The Art of Designing ADR Clauses for Construction Projects
Reducing Dispute Risk in Construction Projects: The Role of Experts
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
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