The Construction ADR Toolbox
ADR Resources for Construction Lawyers
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We Wish You A Merry Christmas!
The Construction ADR Toolbox wishes everyone a joyous holiday season and a happy new year. We are taking a short break, but we’ll be back in the new year with more news and insights about what is happening in the world of… Read More
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Three Construction Arbitrators Discuss “Sticky” Issues in Arbitration
By Leslie King O’Neal The Alabama Bar Construction Section 12th Annual Construction Law Summit is in the books. I was pleased and honored to be on a panel with my old friends (and experienced arbitrators), Allen Gibson[i] and Harper Heckman.[ii] We discussed… Read More
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Read the Contract! Why Do Courts Ignore Arbitration Agreement Provisions?
By Leslie King O’Neal Read the Arbitration Agreement ! Arbitration is a creature of contract[i]. So, it seems obvious that when considering a motion to compel arbitration, lawyers and judges should read the arbitration agreement carefully. However, in a recent Florida case… Read More
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Arbitration Award Upheld Despite Misnomer
By Leslie King O’Neal What’s in a Name? In arbitration, as in court, it’s important to name the parties accurately. However, in a recent case, the 6th Circuit upheld an award which incorrectly named the respondent. Finding the substance of the arbitration… Read More
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Arbitration Agreements Come in Many Forms
By Leslie King O’Neal Not All Arbitration Agreements Look Alike Most construction lawyers know the basic premises that, “arbitration is a creature of contract” and that “parties can’t be compelled to arbitrate unless they have agreed to do so.”[i] However, they are… Read More
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Third-Party Discovery in Arbitration? Amended CA Arbitration Act Expands Options
By Leslie King O’Neal Third Party Discovery is Limited in Most Arbitrations While subpoenaing third parties seeking documents or testimony is common in construction litigation, advocates are sometimes surprised to learn such discovery is more limited in arbitration. Obtaining discovery from third… Read More
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“Deepfake” Evidence Is in the Courts—Is Arbitration Next?
By Leslie King O’Neal What are “Deepfakes?” “’Deepfakes’ are videos or images where a person’s face, body or voice has been digitally altered so they appear to be someone else, typically used maliciously or to spread false information.”[i] The rapid development of… Read More
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Can Courts Review “Interim” Arbitration Awards Under the FAA?
By Leslie King O’Neal Interim v. Final Awards—What’s the Difference? Arbitrators often issue “interim” awards regarding certain issues, such as liability, leaving damages claims or attorneys’ fees for later determination. Are these interim awards subject to motions to confirm or to vacate… Read More
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