Category: arbitration
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Can Courts Review “Interim” Arbitration Awards Under the FAA?
By Leslie King O’Neal Interim v. Final Awards—What’s the Difference? Arbitrators often issue “interim” awards regarding certain issues, such as liability, leaving damages claims or attorneys’ fees for later determination. Are these interim awards subject to motions to confirm or to vacate under FAA §§ 9 and 10? As discussed below, courts have generally held
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What is In-House Counsel’s Role in ADR?
By Leslie King O’Neal What is an in-house counsel’s role in ADR? Should in-house lawyers simply hire the best outside counsel they can find and let him or her manage the dispute using ADR (or not) with little or no input? Or should inside counsel collaborate with outside counsel in developing strategies for resolving disputes
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Arbitrator Replacement—When, Why and How
By Leslie King O’Neal Why Are Arbitrators Replaced? There are several reasons. Most commonly, arbitrators may have health problems making them unable to serve, they may pass away or they may have a conflict with a party or witness, requiring recusal. What Happens When an Arbitrator Must Be Replaced? Must the entire panel be replaced?
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Tips on Maximizing Arbitration Efficiency
By Leslie King O’Neal Improving Arbitration Efficiency: Tips from the 14th AtlAS Conference Arbitration is touted as an efficient, cost-effective dispute resolution method, but some complain it’s not meeting these goals. Do arbitrations take too long and cost too much? Why does it take one or two years to build a bridge, but three or
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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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