Arbitrators “Exceeding Their Powers” Create Grounds to Vacate Awards
Topic: arbitration rules
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Good Ideas Don’t Stop at the Border: What U.S. Attorneys Can Learn from International Arbitration
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…
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Read the Contract! Why Do Courts Ignore Arbitration Agreement Provisions?
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…
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“Deepfake” Evidence Is in the Courts—Is Arbitration Next?
“’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…
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Arbitrator Replacement—When, Why and How
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.
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Attorney’s Fees in Arbitration: 5 Things to Know
Getting an attorney’s fee award in arbitration is the icing on the cake for many construction attorneys.
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GA Supreme Ct. Upholds Arbitration Award Despite Ex Parte Emails
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…