Hon. Nancy Wieben Stock | JAMS A neutral’s perspective on the evolution of resolving construction disputes For several years, the shuttering effects of a global pandemic have severely hampered the ability of arbitrators and advocates to use direct techniques to try complex commercial arbitration cases. Forced closures, tempered by the need to timely resolve construction… Continue reading Harnessing Innovation to Improve the Quality of Arbitrator Decision-Making
Tag: arbitration
Quick Notes on Considerations when Choosing Arbitration or Litigation at the Time of Contracting
Rebecca L. Gobeil | Gordon Rees Scully Mansukhani Current AIA standard form agreements allow for a choice between binding arbitration or litigation, with a further option to enforce mediation as a condition precedent to proceeding with the selected dispute resolution method. Each option has its advantages and disadvantages – and one option does not fit… Continue reading Quick Notes on Considerations when Choosing Arbitration or Litigation at the Time of Contracting
The Debate: Arbitration or Court: Know the Pros and Cons
David K. Taylor and Kyle M. Doiron | Bradley Many construction contracts used in the industry include clauses mandating that any disputes be decided by binding arbitration rather than a jury or bench trial. The standard AIA forms provide the parties with the option of court or arbitration. Trial courts, overwhelmed by a flood of… Continue reading The Debate: Arbitration or Court: Know the Pros and Cons
The Great Debate: Do You Arbitrate Commercial Disputes?
David Taylor | Bradley In a civil case, is it wiser for a business to try to persuade the counterparty to agree from the outset to arbitration—or potentially to place it’s very solvency in the unpredictable hands of a judge and jury? Many “form” commercial contracts contain clauses mandating that any disputes that arise be… Continue reading The Great Debate: Do You Arbitrate Commercial Disputes?
Home Builders and Developers Beware: SC Supreme Court Beats Up Hybrid Arbitration Clauses Mercilessly
Ned Nicholson | Best Practices Construction Law If you are a homebuilder, residential housing developer, construction industry insurer, or any one of the many participants in the industry providing affordable and decent housing for the citizens of South Carolina, you are already aware that South Carolina courts have for decades prioritized the promotion of consumer… Continue reading Home Builders and Developers Beware: SC Supreme Court Beats Up Hybrid Arbitration Clauses Mercilessly