Category: arbitration
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Arbitration Award Upheld Despite Misnomer
By Leslie King O’Neal What’s in a Name? In arbitration, as in court, it’s important to name the parties accurately. However, in a recent case, the 6th Circuit upheld an award which incorrectly named the respondent. Finding the substance of the arbitration award governed over the caption’s form and that the respondent waived any objection…
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Arbitration Agreements Come in Many Forms
By Leslie King O’Neal Not All Arbitration Agreements Look Alike Most construction lawyers know the basic premises that, “arbitration is a creature of contract” and that “parties can’t be compelled to arbitrate unless they have agreed to do so.”[i] However, they are sometimes surprised to learn that, while the Federal Arbitration Act[ii] requires arbitration agreements…
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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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“Deepfake” Evidence Is in the Courts—Is Arbitration Next?
By Leslie King O’Neal What are “Deepfakes?” “’Deepfakes’ are videos or images where a person’s face, body or voice has been digitally altered so they appear to be someone else, typically used maliciously or to spread false information.”[i] The rapid development of generative AI tools in the past few years made it much easier for…
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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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