David K. Taylor | Buildsmart This post is a continuation of the Top 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make before, during, and after arbitrations in which I served as the arbitrator. As stated in the previous posts, there are pros and cons… Continue reading Lawyer’s Advocacy in Arbitrations: No. 5 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make
Tag: arbitration
Including Non-Signatory Subcontractors in Arbitration Clauses in Construction Contracts
Jaime Dewees | Framing Issues Arbitration is an increasingly popular forum for the resolution of construction disputes. It often provides a more predictable procedural process specially designed for the industry in light of construction-specific rules and mediation procedures enacted by alternative dispute resolution providers, such as the American Arbitration Association (AAA). Of course, there are… Continue reading Including Non-Signatory Subcontractors in Arbitration Clauses in Construction Contracts
Prospective Additional Insureds may be Obligated to Arbitrate Coverage Disputes
Danielle S. Ward | Balestreri Potocki & Holmes The Court of Appeal closed out 2019 by ruling that an additional insured can be bound to the arbitration clause in a policy when a coverage dispute arises between that additional insured and the carrier. (Philadelphia Indemnity Ins. Co. v. SMG Holdings, Inc. (2019) 44 Cal. App. 5th… Continue reading Prospective Additional Insureds may be Obligated to Arbitrate Coverage Disputes
Is Arbitration on the Briefs Right for your Client?
Megan K. George | Forum on Construction Law As clients increasingly demand options for timely, efficient dispute resolution, attorneys need to stay apprised of all available alternatives. Private arbitration was developed with efficiency in mind and has become wildly popular in the construction industry, providing parties a means to avoid delays caused by backlog in… Continue reading Is Arbitration on the Briefs Right for your Client?
In Brief: Enforcing and Challenging Arbitral Awards in USA
Matthew E. Draper | Draper & Draper Proceedings subsequent to issuance of award Interpretation and correction of awards Does the arbitral tribunal have the power to correct or interpret an award on its own or at the parties’ initiative? What time limits apply? Most institutional rules grant tribunals a limited amount of time to correct… Continue reading In Brief: Enforcing and Challenging Arbitral Awards in USA