Resources for Construction Lawyers and ADR Professionals
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…
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…
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…
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…
Getting an attorney’s fee award in arbitration is the icing on the cake for many construction attorneys.
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…