Stephanie L. Noble | Vinson & Elkins At the beginning of 2020, arguing hearings and trying cases in a completely remote environment seemed like science fiction. Now, just a year later, courts and litigants have adapted to our new virtual litigation environment. While virtual jury trials are still few and far between, one trend has… Continue reading Putting Your Best Foot Forward in a Remote Arbitration
Tag: arbitration
Important Changes to International Arbitration Procedures
Carly Miller and Katherine H. Blankenship | Buildsmart To all our friends with international projects, partners, or contracts, please take note of some significant changes to one of the potential sets of procedures and rules that may govern or apply to your international dispute. The International Centre for Dispute Resolution (ICDR) recently amended its Dispute… Continue reading Important Changes to International Arbitration Procedures
When Is an Arbitration Clause Unconscionable? Not Often
Christopher G. Hill | Construction Law Musings Here at Construction Law Musings, I have discussed the pros and cons of various forms of Alternative Dispute Resolution (ADR), including arbitration. I am a fan of most ADR, but less of one for arbitration than for mediation. However, where the arbitration can be done under a good set of… Continue reading When Is an Arbitration Clause Unconscionable? Not Often
Drafting a Better Arbitration Agreement to Stay Out of Court
Catherine Delorey | Forum on Construction Law A recent five-year, ten-state study proved that effectively managed arbitrations save time and money in comparison to litigation. This study found that federal court lawsuits lasted over a year longer than arbitrations decided during the same period, which delay caused direct business losses exceeding $10 billion, in part due to… Continue reading Drafting a Better Arbitration Agreement to Stay Out of Court
The Right to Arbitrate and the Risk of Losing It
Katherine H. Blankenship and J. David Pugh | Buildsmart The Alabama Supreme Court recently found that a party was in breach of an arbitration agreement for declining to pay the fee schedule set forth by the American Arbitration Association (AAA) and thus lost the right to compel arbitration. This case serves as a reminder to… Continue reading The Right to Arbitrate and the Risk of Losing It