Month: November 2024
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Happy Thanksgiving
By Andy Ness & Leslie O’Neal This Thanksgiving week we are taking a break from ADR cases and topics to reflect on gratitude. Gratitude “Gratitude” is defined as “the quality of being thankful; readiness to show appreciation for and to return kindness.” Although we’ve been writing this blog for only a few months, this experience…
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Can Arbitration Award Be Vacated for Improper Pleading?
By Leslie King O’Neal In Ferraro Law Firm v. Royal Merchant Holdings (“Ferraro”),[i] a Florida appellate court vacated an arbitration award, holding improper pleading of a claim made the hearing fundamentally unfair. Should “improper pleading” be grounds to vacate an arbitration award? The Royal Merchant Litigation Ferraro started as an Ohio dispute between Royal…
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Courts Uphold Arbitrators’ Contract Interpretations–Right or Wrong
By Leslie King O’Neal Parties Bargained for Arbitrator’s Interpretation–Courts Won’t Usurp Function Many arbitration agreements grant arbitrators broad powers, including contract interpretation. The two cases in this post show the difficulty in vacating arbitration awards by claiming the arbitrator misinterpreted the contract. As stated in Hidroelectrica Santa Rita S.A. v. Corporacion AIC, SA, “Parties to…
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Why Not Try Neutral Evaluation?
By Andrew Ness What is a Neutral Evaluation? “Neutral Evaluation” covers a wide range of evaluations by a neutral party, from little more than off-the-cuff comments to a detailed written assessment following multiple days of presentations. This post addresses why one or all parties involved in a construction dispute could utilize a Neutral Evaluation productively. …
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