Category: arbitration
-
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…
//
-
“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…
//
-
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…
//
-
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…
//
-
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?…
//
-
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…
//
-
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…
//
-
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…
//
Search
Categories
- "good faith" (1)
- "guided choice" mediation (5)
- "settlement privilege" (2)
- ADR (5)
- arbitration (64)
- arbitration award (23)
- arbitration clauses (17)
- arbitration rules (14)
- artificial intelligence (17)
- attorney's fees (1)
- case management (6)
- confidentiality (8)
- construction law (2)
- discovery in arbitration (5)
- dispute prevention (1)
- dispute review boards (3)
- diversity (1)
- evidence (4)
- FAA (17)
- FAC (2)
- insurance (4)
- international arbitration (1)
- mediation (28)
- mediation preparation (14)
- mediation privilege (2)
- mediation statements (4)
- multi-party mediation (8)
- neutral evaluation (5)
- presentation (2)
- private judge (1)
- privilege (4)
- reconciliation (1)
- RUAA (3)
- sanctions (2)
- Uncategorized (22)
- vacating arbitration awards (18)
- witness statements (6)
Recent Posts
Tags
"guided choice" mediation "manifest disregard of law" "settlement privilege" AAA AI AI arbitrator arbitration arbitration awards arbitration rules arbitrator contract interpretation arbitrators fashioning equitable awards artificial intelligence bias case management confidentiality FAA good faith international arbitration mediation mediation preparation mediation statements multi-party mediation neutral evaluation pleading in arbitration private judge reconciliation state arbitration law technology vacating arbitration awards witness statements