Category: arbitration award
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AI Arbitrators Coming Soon to Construction Cases
By Leslie King O’Neal[i] AAA Announces AI Arbitrator for Construction Cases The AI Arbitrators are here–are you ready? The American Arbitration Association (AAA) announced its release of an AI arbitrator for “documents-only” construction cases.[ii] AAA will preview the AI arbitrator at the Future Dispute Resolution-New York Conference on Thursday, October 9, 2025.[iii] It will
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It’s Too Late, Baby–Motion to Vacate Denied
By Leslie King O’Neal Don’t Be Late Being “too late” is a popular theme in rock music.[1] Being “too late” in filing a motion to vacate an arbitration award can mean a party loses its right to review an adverse award. This post discusses the deadline for filing motions to vacate and some obstacles to
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Arbitration Confidentiality Clashes with Courts
By Leslie King O’Neal Confidentiality is Key in Arbitration The goal of keeping arbitration awards confidential often clashes with the doctrine of open access to court records. Confidentiality is one of the main reasons parties choose arbitration to resolve disputes. Unlike court proceedings, where records and hearings are usually open to the public, arbitration filings
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Attorney’s Fees in Arbitration: 5 Things to Know
By Leslie King O’Neal Tips on Attorney’s Fee Awards in Arbitration Getting an attorney’s fee award in arbitration is the icing on the cake for many construction attorneys. Although the “American Rule” on fee allocation generally applies, contract language, arbitration rules, and applicable statutes can affect attorney’s fee awards in arbitration.U Understanding how attorney’s fees
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GA Supreme Ct. Upholds Arbitration Award Despite Ex Parte Emails
By Leslie King O’Neal Ex Parte Emails Inappropriate & Unethical It’s well established that arbitrators should not have ex parte communications with parties to the proceedings. Such communications raise issues about the arbitrator’s impartiality and neutrality. Arbitrators should avoid oral or written ex parte communications with parties or counsel to prevent motions to vacate the
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FAA or State Arbitration Law?
Which Applies & When? By Leslie King O’Neal The 100-year-old Federal Arbitration Act[i] (“FAA”)[ii] applies to all written agreements to arbitrate disputes involving interstate commerce, which is broadly defined.[iii] But SCOTUS cases interpreting the FAA have created confusion about whether the FAA or state arbitration law applies when there is a transaction involving interstate
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Effect of “Manifest Disregard of Law”
By Leslie King O’Neal 5th Circuit Holds “Manifest Disregard of Law” Not Basis to Vacate Award Is an arbitrator’s “manifest disregard of law” a basis to vacate an arbitration award? What does “manifest disregard of law” mean? Do all the federal circuits agree on use of “manifest disregard of law?” A recent case from the
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How Much AI in Arbitration is Too Much?
By Leslie King O’Neal If Arbitrator Uses AI in Drafting Award, Is It Grounds for Vacatur? If an arbitrator uses artificial intelligence to draft an arbitration award, is he or she acting outside the arbitration agreement’s scope, permitting vacatur under FAA §10(a)(4)? This issue was raised in a recently filed petition to vacate arbitration award
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