Category: arbitration
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AI Arbitrators Coming Soon to Construction Cases
By Leslie King O’Neal[i] AAA Announces AI Arbitrator for Construction Cases The AI Arbitrators are here–are you ready? The American Arbitration Association (AAA) announced its release of an AI arbitrator for “documents-only” construction cases.[ii] AAA will preview the AI arbitrator at the Future Dispute Resolution-New York Conference on Thursday, October 9, 2025.[iii] It will
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It’s Too Late, Baby–Motion to Vacate Denied
By Leslie King O’Neal Don’t Be Late Being “too late” is a popular theme in rock music.[1] Being “too late” in filing a motion to vacate an arbitration award can mean a party loses its right to review an adverse award. This post discusses the deadline for filing motions to vacate and some obstacles to
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“Naked” Arbitration: Should You Go “Bare”?
By Leslie King O’Neal What is “Bare” Arbitration? This post is not discussing holding arbitrations in one’s birthday suit! Rather, it discusses the pros and cons of non-administered or ad hoc arbitrations, where the parties and the arbitrators establish and administer the entire process, without relying on an arbitral organization such as AAA or JAMS.
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What Conduct Waives Arbitration Rights?
By Leslie King O’Neal Arbitration Rights Can Be Waived By Conduct Arbitration agreements are irrevocable, but parties can waive the right to arbitrate by participating in litigation. What kind of conduct leads to waiving arbitration rights? Is filing a motion to dismiss ok? Can defendants keep arbitration in reserve in case the court doesn’t dismiss
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“guided choice” mediation arbitration arbitration clauses artificial intelligence confidentiality insurance mediation mediation preparation mediation privilege multi-party mediation neutral evaluation witness statements
Happy 1st Anniversary, Construction ADR Toolbox
By Leslie King O’Neal The Construction ADR Toolbox Blog Celebrates its First Anniversary It’s been a great year for our blog. We’ve covered many different ADR tools and topics in the past year. Here are a few highlights of posts on arbitration, mediation, artificial intelligence, insurance, and other ADR topics. We are looking forward to
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NFL Penalized for Unfair Arbitration Clause
By Leslie King O’Neal Are You Ready for Some Football—and Arbitration? Football season is almost here—the annual frenzy of gridiron clashes between dozens of teams at all competition levels. NFL teams are already holding preseason games before the official season begins on September 4, 2025. The college season gets underway on August 23, 2025. Fans
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11th Circuit Holds Clickwrap Arbitration Clause Valid
By Leslie King O’Neal When a “Click” Creates a Contract Many consumers (and lawyers) click “Yes” or “Submit” when making online purchases. They don’t take the time to read the Terms and Conditions listed because they’re in a hurry. However, they may find that by clicking “Submit” they have agreed to arbitrate all disputes with
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Can Arbitrators Sanction Attorneys for AI Hallucinations?
By Leslie King O’Neal AI use is commonplace in law practice. Unfortunately, cases involving AI fake citations (a/k/a “hallucinations”) are also commonplace.[i] These cases continue although AI’s penchant for such hallucinations is well-known and well-documented.[ii] If lawyers are filing briefs and memoranda with AI-generated fake citations in federal district courts, they are likely filing them
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