Category: discovery in arbitration
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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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Third-Party Discovery in Arbitration? Amended CA Arbitration Act Expands Options
By Leslie King O’Neal Third Party Discovery is Limited in Most Arbitrations While subpoenaing third parties seeking documents or testimony is common in construction litigation, advocates are sometimes surprised to learn such discovery is more limited in arbitration. Obtaining discovery from third parties in arbitration depends on the arbitration agreement, the arbitration location and applicable
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The Legends of St. Patrick & Arbitration Discovery
By Leslie King O’Neal In honor of St. Patrick’s Day, a bit about him and his legends (and the legend of arbitration discovery too)! St. Patrick’s Legends Legends abound about St. Patrick, Ireland’s patron saint (who wasn’t born in Ireland). According to one legend, St. Patrick drove the snakes from the Emerald Isle. However, like
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Arbitrator Site Visits–IBA Issues New Protocol
By Andy Ness Sometimes Virtual Isn’t Enough Site visits often play a significant role in large construction arbitrations. Construction drawings, pictures and even videos cannot match actually seeing the project in person and viewing the project elements and work areas involved in the dispute. What tends to make the most lasting impression on me from
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