Author: Leslie O’Neal
-
Who’s Coming to Arbitration? Arbitrating with Non-Signatories.
By Leslie King O’Neal Arbitrating with a party who did not sign an arbitration agreement is counter intuitive to many lawyers. It’s commonly known that commercial arbitration is a creature of contract; parties cannot be forced to arbitrate disputes without a written arbitration agreement. But, as with many legal rules, this one has several exceptions.
//
-
arbitration arbitration award confidentiality mediation mediation statements multi-party mediation vacating arbitration awards witness statements
Happy Holidays to You
We wish you and yours a joyous holiday season and a happy new year. See you next year! Top Five Posts From 2024 These are our top five posts from 2024. We look forward to sharing more posts with you in 2025!
//
-
No Limits on Arbitration?
By Leslie King O’Neal Lessons from Disney and Uber Are there any limits on the scope of arbitration agreements? Two recent high-profile cases highlight arbitration clauses with extraordinary breadth. While not common in construction-related contracts now, such clauses may be more widely used in the future, creating disputes about how and by whom disputes
//
-
JAMS Introduces New Rules for AI Disputes
By Leslie King O’Neal AI Disputes Require New Rules Since artificial intelligence (AI) is becoming part of everyday business in the design and construction industry, disputes involving AI issues are likely to become more common also. AI-related disputes often involve experts and complex discovery issues. AI companies are concerned about confidentiality of their processes. Having
//
-
Arbitrator Site Visits–IBA Issues New Protocol
By Andy Ness Sometimes Virtual Isn’t Enough Site visits often play a significant role in large construction arbitrations. Construction drawings, pictures and even videos cannot match actually seeing the project in person and viewing the project elements and work areas involved in the dispute. What tends to make the most lasting impression on me from
//
-
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
//
-
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
//
-
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
//
Search
Categories
- "good faith" (1)
- "guided choice" mediation (5)
- "settlement privilege" (2)
- ADR (4)
- arbitration (55)
- arbitration award (22)
- arbitration clauses (16)
- arbitration rules (13)
- artificial intelligence (14)
- attorney's fees (1)
- case management (6)
- confidentiality (8)
- construction law (2)
- discovery in arbitration (4)
- dispute prevention (1)
- dispute review boards (3)
- diversity (1)
- evidence (2)
- FAA (14)
- FAC (2)
- insurance (4)
- international arbitration (1)
- mediation (26)
- mediation preparation (13)
- mediation privilege (2)
- mediation statements (4)
- multi-party mediation (8)
- neutral evaluation (5)
- private judge (1)
- privilege (4)
- reconciliation (1)
- RUAA (1)
- sanctions (2)
- Uncategorized (14)
- vacating arbitration awards (15)
- witness statements (6)
Recent Posts
Tags
"guided choice" mediation "manifest disregard of law" "settlement privilege" AAA AI AI arbitrator arbitration arbitration awards arbitration rules arbitrator contract interpretation arbitrators fashioning equitable awards artificial intelligence bias case management confidentiality FAA FAC good faith international arbitration mediation mediation preparation mediation statements multi-party mediation neutral evaluation pleading in arbitration private judge reconciliation state arbitration law vacating arbitration awards witness statements