Torin Shanahan | Epstein Becker & Green Parties use arbitration provisions for a variety of reasons, including enhanced efficiency and advantages of resolving disputes in private and outside of court. In crafting arbitration clauses, businesses often retain some asymmetry, giving one party rights the other party does not enjoy. Courts generally permit this, even in… Continue reading When Clear Drafting is Not Enough: Fifth Circuit Rejects a “Sole Discretion” Arbitration Clause
Tag: arbitration
Methods for Presenting Expert Evidence
Chi Liu and Cheryl Ng Huiling | Global Arbitration Review Introduction Expert evidence plays an indispensable role in modern international arbitration. As commercial disputes become increasingly complex and technical, arbitral tribunals regularly confront issues requiring specialised knowledge beyond their expertise. Whether addressing questions of quantum valuation, construction engineering, intellectual property, financial accounting or specialised industry… Continue reading Methods for Presenting Expert Evidence
No Games Allowed: Right to Arbitrate Waived by Filing Suit and Waiting to Request Arbitration
John Mark Goodman | BuildSmart Many construction contracts these days include an arbitration provision. Those provisions generally provide that disputes between the parties will be resolved through private arbitration rather than litigation in the public court system. As with other contractual rights, the right to invoke arbitration is waivable. Waiver may be accomplished expressly or… Continue reading No Games Allowed: Right to Arbitrate Waived by Filing Suit and Waiting to Request Arbitration
Technology Is Changing Disputes. Arbitration Remains the Best Way to Resolve Them.
American Arbitration Association Today’s disputes are more technical, more complex, and often harder to manage. Disputes involving blockchain, cryptocurrency, and data breaches have increased steadily, introducing new types of claims and evidence. Artificial intelligence is adding another layer. In many cases, contracts were written for systems with consistent and predictable outputs. AI doesn’t always fit… Continue reading Technology Is Changing Disputes. Arbitration Remains the Best Way to Resolve Them.
The 2026 ICC Arbitration Rules: Key Changes for Construction Disputes
Michael Valo | Glaholt Bowles The revised ICC Rules of Arbitration came into force on 1 June 2026, replacing the 2021 edition that had governed ICC arbitrations for the preceding five years. For parties involved in international construction projects, where disputes are often high-value, multi-party, and document-intensive, several of the amendments are of particular practical significance. This… Continue reading The 2026 ICC Arbitration Rules: Key Changes for Construction Disputes