Category: arbitration
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No Limits on Arbitration?
By Leslie King O’Neal Lessons from Disney and Uber Are there any limits on the scope of arbitration agreements? Two recent high-profile cases highlight arbitration clauses with extraordinary breadth. While not common in construction-related contracts now, such clauses may be more widely used in the future, creating disputes about how and by whom disputes…
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JAMS Introduces New Rules for AI Disputes
By Leslie King O’Neal AI Disputes Require New Rules Since artificial intelligence (AI) is becoming part of everyday business in the design and construction industry, disputes involving AI issues are likely to become more common also. AI-related disputes often involve experts and complex discovery issues. AI companies are concerned about confidentiality of their processes. Having…
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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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Can Arbitration Award Be Vacated for Improper Pleading?
By Leslie King O’Neal In Ferraro Law Firm v. Royal Merchant Holdings (“Ferraro”),[i] a Florida appellate court vacated an arbitration award, holding improper pleading of a claim made the hearing fundamentally unfair. Should “improper pleading” be grounds to vacate an arbitration award? The Royal Merchant Litigation Ferraro started as an Ohio dispute between Royal…
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Courts Uphold Arbitrators’ Contract Interpretations–Right or Wrong
By Leslie King O’Neal Parties Bargained for Arbitrator’s Interpretation–Courts Won’t Usurp Function Many arbitration agreements grant arbitrators broad powers, including contract interpretation. The two cases in this post show the difficulty in vacating arbitration awards by claiming the arbitrator misinterpreted the contract. As stated in Hidroelectrica Santa Rita S.A. v. Corporacion AIC, SA, “Parties to…
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Texting Witness Re: Answers During Testimony Results in Vacating Arbitration Award
Texting witnesses during testimony at arbitration constitutes fraud, resulting in court vacating arbitration award.
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The Attorney’s Role in Preparing Witness Statements and Exhibits
By Andrew Ness Last week’s post, Practical Tips for Drafting Witness Statements listed thirteen recommendations for making witness statements more effective and powerful. This week’s post adds guidance about the attorney’s role in drafting effective witness statements and exhibits, including some cardinal rules to follow to avoid potential disaster on cross examination. Who Drafts the…
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Practical Tips for Drafting Witness Statements
By Andrew Ness Drafting Effective Witness Statements Using Witness Statements in Arbitration (8/31/24) addressed the basics for using written witness statements in lieu of direct testimony in arbitration. This post provides tips for drafting effective witness statements. Practical Tips for Drafting Effective Witness Statements Takeaways Drafting effective witness statements requires collaboration between counsel…
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