Mark R. Wulfe, Camille Ng, Rachel B. Goldman and Martin Gusy | Bracewell This article is an extract from Lexology In-Depth: Dispute Resolution – Edition 17. Click here for the full guide. Introduction This year marks the 100th anniversary of the Federal Arbitration Act (FAA),1 the key federal legislation governing arbitrations in the United States. Section 7 of… Continue reading Dispute Resolution: Compelling Third-Party Evidence in the United States through Section 7 of the Federal Arbitration Act
Tag: dispute resolution
Three-Dimensional Chess: Harmonizing Dispute Resolution Clauses in Commercial Insurance Programs
Elizabeth J. Dye and Mark J. Plumer | American Arbitration Association In this article, the authors highlight critical arbitration-related issues that risk managers and in-house counsel should consider when analyzing commercial insurance programs. The authors also offer recommendations to avoid obstacles wherever possible. Considering the complex structure of commercial insurance programs—typically purchased in annual “towers”… Continue reading Three-Dimensional Chess: Harmonizing Dispute Resolution Clauses in Commercial Insurance Programs
If a Construction Dispute Arises, Should You Arbitrate or Litigate?
Allen Major and Erin C. Borek | Phillips Lytle All parties should weigh the pros and cons of arbitration and litigation before entering into a construction contract. Disputes arising from construction projects can be highly technical, logistically complex and involve multiple parties with multiple claims. A construction arbitrator – who is typically a construction industry… Continue reading If a Construction Dispute Arises, Should You Arbitrate or Litigate?
Pioneering Dispute Resolution: The New JAMS AI Rules
Leslie King O’Neal | JAMS As artificial intelligence becomes more embedded in our daily lives, disputes involving this complex technology are on the rise. Stakeholders in disputes involving AI are particularly concerned about confidentiality of system processes and algorithms. Disputes involving technology like AI involve in depth understanding and complex discovery issues. How do we… Continue reading Pioneering Dispute Resolution: The New JAMS AI Rules
Dispute Resolution and Conflict of Laws Risks
Daniel Reichert-Facilides | Chatham Partners Introduction In a world where the enforcement of laws continues to be dominated by domestic legal systems, participants in any cross-border project finance transaction are faced with the risk that the rules applicable in case of a later dispute may differ from those familiar to them. Because of the high… Continue reading Dispute Resolution and Conflict of Laws Risks