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
Tag: arbitration
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
Artificial Intelligence in Arbitration: Evidentiary Issues and Prospects
Katrina Limond | Global Arbitration Review Introduction The artificial intelligence (AI) genie is out of the bottle. In November 2022, OpenAI released its AI chatbot, ChatGPT. As at June 2025, it has amassed over 122.6 million daily active users and processes more than 1 billion queries daily.[1] GPT, the large language model (LLM) developed by… Continue reading Artificial Intelligence in Arbitration: Evidentiary Issues and Prospects
Party and Counsel Ethics in the Taking of Evidence
Amy C. Klasener and Courtney Lotfi | Global Arbitration Review Introduction The taking of evidence – be it through documents, witness testimony or other means – is the foundation on which all arbitral awards are constructed. Ethical violations can taint evidence, or the process by which it is taken, and undermine the credibility of the… Continue reading Party and Counsel Ethics in the Taking of Evidence
Expert Evidence in Construction Disputes: Arbitrator Perspective
Katherine Bell | Global Arbitration Review Introduction The primary methods of presenting factual evidence in international arbitration are contemporaneous documents, testimony of fact witnesses and testimony of expert witnesses. Whereas contemporaneous documents tend to have the highest probative value when it comes to facts in general, expert witness testimony is the predominant means of evidence… Continue reading Expert Evidence in Construction Disputes: Arbitrator Perspective