Dispute Adjudication Boards: Are they the Future of Dispute Resolution?

Mark Goodrich | White & Case | September 2, 2016 Contractors who are working in international markets will almost certainly have encountered the Dispute Adjudication Board (“DAB”) contained in each of the FIDIC Red, Yellow, Silver and Gold Books. However, they may be left with many questions as to why it exists, what it is supposed… Continue reading Dispute Adjudication Boards: Are they the Future of Dispute Resolution?

What’s in a Name?: Defining Arbitration Across the Circuits

Liz Kramer | Stinson Leonard Street LLP | August 3, 2016 What is “arbitration”? Although courts often use and apply the word, rarely do they stop to define it.  While the FAA concerns agreements to “settle by arbitration a controversy,” the FAA does not define “arbitration,” leaving the question to the courts. Lacking definitive guidance… Continue reading What’s in a Name?: Defining Arbitration Across the Circuits

Does Your Construction Contract Provide for a “ Project Neutral ” to Resolve Disputes?

Jeffrey S. Wertman | Berger Singerman LLP | July 1, 2016 Disputes on construction projects are inevitable. One of the most important risk management tools for construction participants is a quick and effective dispute resolution procedure. Dispute resolution can be accomplished through various methods, including traditional mediation, arbitration and litigation. However, construction parties are using… Continue reading Does Your Construction Contract Provide for a “ Project Neutral ” to Resolve Disputes?

Arbitration 201: Drafting the Arbitration Clause for the Arbitration you want

Erika Birg | Inside Counsel | March 24, 2016 The parties are close to completing their negotiations on every point in the deal, but there is one aspect left: dispute resolution. It is admittedly difficult when putting together an agreement to look ahead to how it may fall apart in the future, but that is… Continue reading Arbitration 201: Drafting the Arbitration Clause for the Arbitration you want

Another Reason to Love Construction Mediation (Read: Why Mediation Works)

Christopher G. Hill | Construction Law Musings | November 18, 2015 I’ll bet you’re thinking by now that I have beaten the mediation drum to death and that I wouldn’t have any more praise for the process than I have heaped upon it here at this corner of the construction law “blawgosphere.”  Well, just about… Continue reading Another Reason to Love Construction Mediation (Read: Why Mediation Works)