Category: arbitration
-
AI in ADR Roundup
By Leslie King O’Neal This post is a “roundup” describing some new AI tools and some ideas for using them in your practice. AI is everywhere these days, including in ADR. New tools, new platforms, new cases and issues pop up faster than mushrooms after a rainstorm. It’s dizzying trying to keep up with these
//
-
How Do Arbitrators Determine Delay & Damages Quantum?
By Andrew Ness At the most recent Construction SuperConference, I was honored to speak on a panel titled: “Insights from Arbitrators and Advocates on Providing Alternative Delay and Damages Quantum.” When asked whether the Respondent should provide its own delay and damages analyses, my answer was “pretty much always.” Then the question turned to “how
//
-
Surety’s “Do Nothing” Strategy Backfires
By Leslie King O’Neal The “Do Nothing” Strategy is Risky in Arbitration Parties have options when faced with a demand for arbitration. They can participate in the arbitration process, receive the arbitration award and pursue confirmation or vacatur, if appropriate. Or parties can put their heads in the sand, choose to “do nothing” and simply
//
-
Move Over, AI Arbitrator! AAA Introduces AI “Resolution Simulator”
By Leslie King O’Neal Designed for One Party Use in Documents-Only Construction Cases Unlike the AI Arbitrator, the Resolution Simulator is designed for one party use in documents-only construction cases. The user submits relevant documents and information about the dispute to the Simulator, which provides a summary for the user to review and approve. After
//
-
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.
//
-
Does (Font) Size Matter?
By Leslie King O’Neal Is an Illegible Arbitration Agreement Enforceable? The FAA requires arbitration agreements to be in writing.[i] But, does the writing have to be legible? Is an unreadable arbitration agreement enforceable? In Fuentes v. Empire Nissan, Inc.[ii] the California Supreme Court considered whether illegibility constitutes substantive or procedural unconscionability. For more about the
//
-
“Peacemakers-in-Chief”: POTUS and ADR
By Leslie King O’Neal In honor of President’s Day, this post discusses how some U.S. Presidents have promoted and used arbitration and mediation. George Washington’s Will Had an Arbitration Agreement Even in the early days of the United States, arbitration was a favored method to resolve disputes. The Father of Our Country included an
//
-
Is “Manifest Disregard of Facts” Grounds to Vacate Arbitration Award?
By Leslie King O’Neal 9th Circuit Says “Manifest Disregard of Facts” Can Be Grounds to Vacate Can a court vacate an arbitration award if the arbitrator manifestly disregards undisputed facts?” Simply reading FAA §10[i] would indicate “no” but a recent 9th Circuit opinion opens the door for this as grounds to vacate. Noting the FAA’s
//
Search
Categories
- "good faith" (1)
- "guided choice" mediation (5)
- "settlement privilege" (2)
- ADR (4)
- arbitration (55)
- arbitration award (22)
- arbitration clauses (16)
- arbitration rules (13)
- artificial intelligence (14)
- attorney's fees (1)
- case management (6)
- confidentiality (8)
- construction law (2)
- discovery in arbitration (4)
- dispute prevention (1)
- dispute review boards (3)
- diversity (1)
- evidence (2)
- FAA (14)
- FAC (2)
- insurance (4)
- international arbitration (1)
- mediation (26)
- mediation preparation (13)
- mediation privilege (2)
- mediation statements (4)
- multi-party mediation (8)
- neutral evaluation (5)
- private judge (1)
- privilege (4)
- reconciliation (1)
- RUAA (1)
- sanctions (2)
- Uncategorized (14)
- vacating arbitration awards (15)
- witness statements (6)
Recent Posts
Tags
"guided choice" mediation "manifest disregard of law" "settlement privilege" AAA AI AI arbitrator arbitration arbitration awards arbitration rules arbitrator contract interpretation arbitrators fashioning equitable awards artificial intelligence bias case management confidentiality FAA FAC good faith international arbitration mediation mediation preparation mediation statements multi-party mediation neutral evaluation pleading in arbitration private judge reconciliation state arbitration law vacating arbitration awards witness statements