Resources for Construction Lawyers and ADR Professionals
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 apparently neither the trial court nor the appellate court…
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 award governed over the caption’s form and that…
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 sometimes surprised to learn that, while the Federal Arbitration Act[ii]…
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 parties in arbitration depends on the arbitration agreement, the arbitration location and…
“’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 generative AI tools in the past few…
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 under FAA §§ 9 and 10? As discussed below, courts…
What is an in-house counsel’s role in ADR? Should in-house lawyers simply hire the best outside counsel they can find and let him or her manage the dispute using ADR (or not) with little or no input? Or should inside counsel collaborate…
On October 16, 2025, the American Arbitration Association (AAA) introduced its new digital publication, Mediation Magazine.[i]The debut issue features columns on AI & Mediation (MedAItion) by Amy Schmitz and William Froelich, International Mediation by Paul Sills and Mediation Aspects of SB 940…