AI as Arbitrator for Certain Low-value Construction Disputes

Katrina Limond, Kirsten O’Connell, Christopher Ryan | A&O Shearman The AAA-ICDR has announced that, beginning on 3 November 2025, parties to certain low-value construction arbitrations can elect to have an AI arbitrator resolve the dispute. The AAA-ICDR’s objective is to provide a resource that delivers “fast, cost-effective, and trusted dispute resolution.” While there are clear… Continue reading AI as Arbitrator for Certain Low-value Construction Disputes

Court or Arbitration? Why Contractors Can’t Afford to Get this Wrong

Matthew DeVries | Best Practices Construction Law As a construction litigation lawyer, dispute resolution is a recurring issue. It starts before the project begins at the time of contract negotiation, where the parties decide whether to require litigation or arbitration of their disputes. During project performance, disputes can often be addressed formally or informally. And after… Continue reading Court or Arbitration? Why Contractors Can’t Afford to Get this Wrong

Dispositive Motions in AAA Construction Arbitration: Why You Should Think Twice

Lisa Colon | The Dispute Resolver When involved in a construction arbitration under the AAA rules, the urge to file a dispositive motion can be strong. After all, wouldn’t it be beneficial to eliminate your opponent’s case early and save the time and expense of a full hearing? However, before drafting that motion to dismiss… Continue reading Dispositive Motions in AAA Construction Arbitration: Why You Should Think Twice

Smarter e-Discovery: Streamlining Construction Arbitration in the Digital Age

Iman Hyder-Eliz | American Arbitration Association The construction industry’s digital transformation has revolutionized how projects are designed, built, and managed. However, it has also complicated the resolution of disputes. The ever-growing volume of electronically stored information (ESI), from drone footage to cloud-based project logs, has made discovery more complex, more expensive, and more prone to… Continue reading Smarter e-Discovery: Streamlining Construction Arbitration in the Digital Age

OP-ED: Pros and Cons of Arbitration Clauses in Construction Contracts

Amanda Kohls and Tab Wood | Schwabe, Williamson & Wyatt Mandatory arbitration clauses are increasingly common in construction contracts. Arbitration, sometimes referred to as “trial-light,” is a judicial process where an arbitrator (usually a lawyer or a former judge) receives evidence, hears from witnesses, and makes a binding decision resolving the dispute. Before signing a… Continue reading OP-ED: Pros and Cons of Arbitration Clauses in Construction Contracts