Does Terminating the Contract = Terminating the Arbitration Clause?
Posted by: Leslie O’Neal
Year: 2025
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Mediating with “High Conflict” Personalities—Tips for Attorneys & Mediators
Most mediators and attorneys have met “high conflict personalities” (“HCP’s”) in their practices. A recent post described HCP behaviors”[i] and how to recognize them. This post offers practical tips for attorneys and mediators to make mediations with HCP’s more successful. These tips…
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How Much AI in Arbitration is Too Much?
arbitration · arbitration award · arbitration rules · artificial intelligence · vacating arbitration awardsIf an arbitrator uses artificial intelligence to draft an arbitration award, is he or she acting outside the arbitration agreement’s scope, permitting vacatur under FAA §10(a)(4)? This issue was raised in a recently filed petition to vacate arbitration award in the U.S.…
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Practice Tips from Experienced Arbitrators
How can attorneys be more effective in presenting arbitration cases? At last Friday’s panel at the Miami-Dade Bar’s 2025 “LawCon”[i] four experienced arbitrators, Richard Suarez[ii], Scott Silverman[iii] and John Thornton[iv] and I presented tips from our arbitration experiences. Patricia Thompson[v], another experienced…
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Getting the “Right Stuff” in Arbitration Agreements
I have lived near Florida’s Space Coast most of my life. I remember hearing the sonic booms when the Space Shuttles entered Earth’s atmosphere for landing. I’ve always been fascinated by space travel and admired the astronauts’ courage. As Thomas Wolfe’s book…
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Same Parties, Four Arbitrations, Four Different Awards
arbitration · arbitration award · arbitration clauses · arbitration rules · Uncategorized · vacating arbitration awardsIt’s been said everything is bigger in Texas. Covering 268,596 square miles, the Lone Star State is second largest in the U.S. by area.[i] Texas also creates some major disputes, as the recent 5th Circuit decision in Sullivan et al. v. Feldman…
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Conflicting ADR Clauses: Who Decides Priority?
Parties in construction projects often have multiple contracts related to the same job. What happens when these contracts have conflicting ADR clauses? Who decides which clause takes priority—a judge or an arbitrator? Recent cases from the 4th Circuit and SCOTUS discuss this…
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Dispute Review Boards (DRB’s)–Resolving Disputes on the Jobsite
It’s rare to have a construction project with no disputes. Dispute review boards provide a method for prompt, informal, cost-effective and impartial dispute resolution on the jobsite.[i] In the United States DRB’s have been used for over 30 years to avoid and…