Logan Patience and William Katz | HKA Earlier in our careers, one of the authors spent more than a decade in construction, working on heavy industrial, oil and gas, and infrastructure projects. At that time, aside from the occasional mediation clause, it was uncommon for contracts to include dispute resolution mechanisms designed to address issues… Continue reading From Dispute Resolution to Dispute Prevention: The Strategic Role of Standing Neutrals in Modern Construction Projects
Tag: dispute resolution
Technology Is Changing Disputes. Arbitration Remains the Best Way to Resolve Them.
American Arbitration Association Today’s disputes are more technical, more complex, and often harder to manage. Disputes involving blockchain, cryptocurrency, and data breaches have increased steadily, introducing new types of claims and evidence. Artificial intelligence is adding another layer. In many cases, contracts were written for systems with consistent and predictable outputs. AI doesn’t always fit… Continue reading Technology Is Changing Disputes. Arbitration Remains the Best Way to Resolve Them.
The Power of Resolution
Wall Street Journal As a judge in Miami, Jennifer Bailey saw how court cases could drag on. Since becoming an arbitrator with the American Arbitration Association® (AAA®), however, she has been struck by how quickly the dispute resolution process can work: In one case involving a dispute over construction materials, the parties settled the matter in… Continue reading The Power of Resolution
The Function and Role of Damages Experts in Arbitration: Ensuring Competence, Independence and Transparency
Anthony Theau-Laurent, Edmund Richards and Louis Osman | Global Arbitration Review Introduction In dispute resolution processes, such as arbitration, litigation or mediation, experts are often instructed to provide an opinion on specific matters within their area of expertise. When one party (or several) seeks financial compensation for the damage sustained as a result of another… Continue reading The Function and Role of Damages Experts in Arbitration: Ensuring Competence, Independence and Transparency
Arbitration Clauses Are Not Boilerplate
Kirsten Wolmarans | Webber Wentzel Most people involved in negotiating, delivering or managing an energy or infrastructure project will never read the 2026 Arbitration Rules of the International Chamber of Commerce (the 2026 ICC Rules). They may not need to. But they do need to understand what their dispute resolution clause does when something goes wrong. The… Continue reading Arbitration Clauses Are Not Boilerplate