Category: arbitration
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California & Connecticut Enact New Laws About Arbitration
By Leslie King O’Neal The California and Connecticut legislatures recently passed new laws regarding arbitration agreements and who can serve as arbitrators. It will be interesting to see if any other states follow their examples. Lawyers or arbitrators practicing in California and Connecticut should review the new laws to determine whether they affect any current…
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Jazz and the Art of Witness Testimony
By Leslie King O’Neal Miles Davis: “It’s the notes you don’t play.” Renowned jazz trumpeter, Miles Davis[i], once said, “It’s not the notes you play. It’s the notes you don’t play.” The art is knowing what to leave out—and when. This concept applies to fact witness testimony in arbitration or in trial as well as…
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Arbitrators “Exceeding Their Powers” Create Grounds to Vacate Awards
By Leslie King O’Neal When & How do Arbitrators Exceed Their Powers? Arbitrators “exceeding their powers” is grounds to vacate arbitration awards under the Federal Arbitration Act (“FAA”)[i] and state arbitration acts.[ii] How do arbitrators exceed their powers, making their awards subject to vacatur? Some recent cases give examples of what constitutes arbitrators “exceeding their…
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Avoiding “Death by PowerPoint”
By Leslie King O’Neal PowerPoint Presentations: Powerful or Deadly? Because construction projects and construction disputes are complex, lawyers and experts have long used various visual aids to illustrate and explain events and technical information to judges, juries, arbitrators and mediators. PowerPoint presentations have become the most common method to present technical information, schedule delay analysis…
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Seven Deadly Sins of Construction Expert Witnesses
By Andrew D. Ness Experts Are Key in Many Construction Disputes Expert witnesses are central to resolution of many construction disputes. Experts fall into three general camps – forensic scheduling experts (CPM analysts), damages & accounting experts, and technical subject-matter experts. Technical experts are the most diverse since their expertise can range from proper application…
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Canadian Court Annuls Arbitration Award for Arbitrator’s Improper AI Use
By Leslie King O’Neal Canadian Provincial Court Annuls Arbitration Award, Citing Improper AI Use For the first time, a court has vacated an arbitration award because the arbitrator used Generative AI without telling the parties and the award contained several hallucinations—non-existent cases, fake articles, non-existent arbitration awards.[i] These cited references were central to the Arbitrator’s…
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How Should Arbitrators Deal With “Excess Evidence” and “Unreliable Evidence?”
By Leslie King O’Neal Hinkes v. Sunera Technologies, Inc.–Is “Excess Evidence” Grounds to Vacate Award? Sarah Hinkes sued her employer, Sunera Technologies, and two employees for alleged discrimination that violated federal statutes.[i] The lawsuit was stayed pending arbitration. The arbitrator ruled in the employer’s favor and the trial court confirmed the award. Hinkes moved to…
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Looking Back, Looking Forward: Lessons from the Last 50 Years
(And Resources for Construction Lawyers) By Leslie King O’Neal Looking Back: Construction Projects and Construction Law Over 50 Years Last week the ABA Forum on Construction Law celebrated its 50th anniversary by presenting a two-day program on Lessons Learned from the Last 50 Years on Project Execution and Claims Management. Nine plenary sessions covered topics…
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