Resources for Construction Lawyers and ADR Professionals
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…
Expanding the utility of the AI Arbitrator, AAA recently launched the pilot phase for a new AI tool, the “Resolution Simulator.”[i]Similar to a neutral evaluation, this tool provides AI-generated, explainable insights into how an arbitrator might decide a case. This blog has…
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…
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.
In honor of President’s Day, this post discusses how some U.S. Presidents have promoted and used arbitration and mediation.
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.
In Burke v. Houston PT BAC Office Limited Partnership[i] the Texas Supreme Court considered a challenge to an appraisal award for alleged appraiser partiality. The parties relied on the Texas Arbitration Act[ii] as the standard for vacating the appraisal award. The courts…
Vacating an arbitration award under the FAA is extremely difficult. It’s nearly impossible to vacate an arbitration award after a court confirms it in part. However, evidence of perjured testimony at arbitration and withheld documents led a federal judge to do just…