Resources for Construction Lawyers and ADR Professionals
At the most recent Construction SuperConference, I was honored to speak on a panel titled: “Insights from Arbitrators and Advocates on Providing Alternative Delay and Damages Quantum.” When asked whether the Respondent should provide its own delay and damages analyses, my answer…
Commemorating Women’s History Month and the ABA Forum on Construction Law’s upcoming 50th anniversary celebration, this week’s post showcases Marian Mayer Berkett’s long and storied legal career.
If your car is pulling to one side, the steering wheel is vibrating and the tires are squealing, these are signs the car may need a front-end alignment. With a proper front-end alignment the vehicle tracks straight and maintains predictable steering, making…
Parties have options when faced with a demand for arbitration. They can participate in the arbitration process, receive the arbitration award and pursue confirmation or vacatur, if appropriate. Or parties can put their heads in the sand, choose to “do nothing” and…
Expanding the utility of the AI Arbitrator, AAA recently launched the pilot phase for a new AI tool, the “Resolution Simulator.”[i]Similar to a neutral evaluation, this tool provides AI-generated, explainable insights into how an arbitrator might decide a case. This blog has…
Although arbitration is widely used to resolve disputes globally, not all arbitrations look the same. Arbitration proceedings vary widely depending on the parties’, counsels’, and arbitrators’ legal traditions.[1] At the American College of Construction Lawyers’ annual meeting, four seasoned international arbitrators[2] discussed…
The FAA requires arbitration agreements to be in writing.[i] But, does the writing have to be legible? Is an unreadable arbitration agreement enforceable? In Fuentes v. Empire Nissan, Inc.[ii] the California Supreme Court considered whether illegibility constitutes substantive or procedural unconscionability.
In honor of President’s Day, this post discusses how some U.S. Presidents have promoted and used arbitration and mediation.