Category: arbitration rules
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Good Ideas Don’t Stop at the Border: What U.S. Attorneys Can Learn from International Arbitration
By Leslie King O’Neal Although arbitration is widely used to resolve disputes globally, not all arbitrations look the same. Arbitration proceedings vary widely depending on the parties’, counsels’, and arbitrators’ legal traditions.[1] At the American College of Construction Lawyers’ annual meeting, four seasoned international arbitrators[2] discussed how “importing” some international arbitration practices can make U.S.
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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 apparently neither the trial court nor the appellate court read the arbitration agreement
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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 generative AI tools in the past few years made it much easier for
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Arbitrator Replacement—When, Why and How
By Leslie King O’Neal Why Are Arbitrators Replaced? There are several reasons. Most commonly, arbitrators may have health problems making them unable to serve, they may pass away or they may have a conflict with a party or witness, requiring recusal. What Happens When an Arbitrator Must Be Replaced? Must the entire panel be replaced?
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“Naked” Arbitration: Should You Go “Bare”?
By Leslie King O’Neal What is “Bare” Arbitration? This post is not discussing holding arbitrations in one’s birthday suit! Rather, it discusses the pros and cons of non-administered or ad hoc arbitrations, where the parties and the arbitrators establish and administer the entire process, without relying on an arbitral organization such as AAA or JAMS.
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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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