Category: arbitration
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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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Law Day 2026: King Charles III, the Magna Carta and the Rule of Law
By Leslie King O’Neal Happy Law Day! May 1 is “Law Day,” honoring the “Rule of Law” in the United States. President Dwight D. Eisenhower established “Law Day” in 1958 to celebrate the rule of law in a free society.[i] The American Bar Association and many state and local bar associations mark the occasion with…
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Guide to Evaluating AI-Generated Evidence
By Leslie King O’Neal AI-Generated Evidence is Here Arbitrators (and judges) depend on the evidence presented to decide disputes. Until recently, most evidence was documentary (paper or photographs) or testamentary (witness testimony, either live or recorded). Some construction lawyers remember digging through bankers’ boxes of project records and tagging them with sticky notes for copying.…
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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…
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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…
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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…
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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…
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