“Peacemakers-in-Chief”: POTUS and ADR
In honor of President’s Day, this post discusses how some U.S. Presidents have promoted and used arbitration and mediation.
Blog
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Is “Manifest Disregard of Facts” Grounds to Vacate Arbitration Award?
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.
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Disclosures are Key in Appraisals or Arbitrations
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…
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Reversing Prior Confirmation, Court Vacates Arbitration Award for Fraud
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…
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Honoring Dr. Martin Luther King, Jr.
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.
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Are Mediator’s Proposals Ethical?
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…
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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…
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Three Construction Arbitrators Discuss “Sticky” Issues in Arbitration
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 a variety of common…