Resources for Construction Lawyers and ADR Professionals
Can a court vacate an arbitration award if the arbitrator manifestly disregards undisputed facts?” Simply reading FAA §10[i] would indicate “no” but a recent 9th Circuit opinion opens the door for this as grounds to vacate.
In Burke v. Houston PT BAC Office Limited Partnership[i] the Texas Supreme Court considered a challenge to an appraisal award for alleged appraiser partiality. The parties relied on the Texas Arbitration Act[ii] as the standard for vacating the appraisal award. The courts…
Vacating an arbitration award under the FAA is extremely difficult. It’s nearly impossible to vacate an arbitration award after a court confirms it in part. However, evidence of perjured testimony at arbitration and withheld documents led a federal judge to do just…
Today we honor the legacy of Dr. Martin Luther King, Jr. His words continue to inspire us to work for peace, justice and equal rights for all.
Most mediators and construction lawyers are familiar with “mediator’s proposals,” a tool sometimes used to break impasse in negotiations. Typically, a “mediator’s proposal” is a confidential proposal setting forth a dollar amount and/or a set of settlement terms to each party. The…