Author: Leslie O’Neal
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Arbitrators “Exceeding Their Powers” Create Grounds to Vacate Awards
By Leslie King O’Neal When & How do Arbitrators Exceed Their Powers? Arbitrators “exceeding their powers” is grounds to vacate arbitration awards under the Federal Arbitration Act (“FAA”)[i] and state arbitration acts.[ii] How do arbitrators exceed their powers, making their awards subject to vacatur? Some recent cases give examples of what constitutes arbitrators “exceeding their…
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A New Twist on Mediation: AAA Offers Early Dispute Resolution Mediation
By Leslie King O’Neal The American Arbitration Association®[i] in partnership with the Early Dispute Resolution Institute,[ii] now offers Early Dispute Resolution Mediation (EDR). EDR Mediation is a structured process, not a one day, all or nothing event. The flexible, four step process allows parties to make informed, risk-based settlement decisions. The cost is similar to …
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Avoiding “Death by PowerPoint”
By Leslie King O’Neal PowerPoint Presentations: Powerful or Deadly? Because construction projects and construction disputes are complex, lawyers and experts have long used various visual aids to illustrate and explain events and technical information to judges, juries, arbitrators and mediators. PowerPoint presentations have become the most common method to present technical information, schedule delay analysis…
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Seven Deadly Sins of Construction Expert Witnesses
By Andrew D. Ness Experts Are Key in Many Construction Disputes Expert witnesses are central to resolution of many construction disputes. Experts fall into three general camps – forensic scheduling experts (CPM analysts), damages & accounting experts, and technical subject-matter experts. Technical experts are the most diverse since their expertise can range from proper application…
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Canadian Court Annuls Arbitration Award for Arbitrator’s Improper AI Use
By Leslie King O’Neal Canadian Provincial Court Annuls Arbitration Award, Citing Improper AI Use For the first time, a court has vacated an arbitration award because the arbitrator used Generative AI without telling the parties and the award contained several hallucinations—non-existent cases, fake articles, non-existent arbitration awards.[i] These cited references were central to the Arbitrator’s…
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How Should Arbitrators Deal With “Excess Evidence” and “Unreliable Evidence?”
By Leslie King O’Neal Hinkes v. Sunera Technologies, Inc.–Is “Excess Evidence” Grounds to Vacate Award? Sarah Hinkes sued her employer, Sunera Technologies, and two employees for alleged discrimination that violated federal statutes.[i] The lawsuit was stayed pending arbitration. The arbitrator ruled in the employer’s favor and the trial court confirmed the award. Hinkes moved to…
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ABA Forum on Construction Law: Books On Sale Now
By Leslie King O’Neal Just in Time for Summer Reading–All Books 20% Off until June 4, 2026 One of the Forum’s best kept secrets is that Forum members can purchase all books at a 20% discount for a week or so before and after each major meeting (mid-winter meeting, annual meeting, fall meeting). This is…
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Memorial Day & National Moment of Remembrance
By Leslie King O’Neal Honoring Those Who Made The Ultimate Sacrifice Our debt to the heroic men and valiant women in the service of our country can never be repaid. They have earned our undying gratitude. America will never forget their sacrifices.” — Harry S. Truman, 33rd U.S. President, 1945 History of Memorial Day Originally known as…
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