Category: arbitration
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arbitration arbitration award arbitration clauses arbitration rules Uncategorized vacating arbitration awards
Same Parties, Four Arbitrations, Four Different Awards
By Leslie King O’Neal A Texas-Size Dispute It’s been said everything is bigger in Texas. Covering 268,596 square miles, the Lone Star State is second largest in the U.S. by area.[i] Texas also creates some major disputes, as the recent 5th Circuit decision in Sullivan et al. v. Feldman et al[ii] illustrates. This case
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Conflicting ADR Clauses: Who Decides Priority?
By Leslie King O’Neal Multiple Contracts on Same Project Parties in construction projects often have multiple contracts related to the same job. What happens when these contracts have conflicting ADR clauses? Who decides which clause takes priority—a judge or an arbitrator? Recent cases from the 4th Circuit and SCOTUS discuss this complex issue. Subcontracts –and
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The Legends of St. Patrick & Arbitration Discovery
By Leslie King O’Neal In honor of St. Patrick’s Day, a bit about him and his legends (and the legend of arbitration discovery too)! St. Patrick’s Legends Legends abound about St. Patrick, Ireland’s patron saint (who wasn’t born in Ireland). According to one legend, St. Patrick drove the snakes from the Emerald Isle. However, like
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On the Jobsite & in the Courtroom– the New Reality is Virtual
By Leslie King O’Neal What is “Virtual Reality?” Some readers may be familiar with “virtual reality” (“VR”) from gaming, where the VR headset creates immersive, three-dimensional environments that users can interact with. VR uses computer modeling and simulation enabling interaction with an artificial three-dimensional (3-D) visual or other sensory environment.[i] However, VR is not just for gamers.
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Happy 100th Birthday, FAA!
By Leslie King O’Neal On February 12, 1925, President Calvin Coolidge signed the Federal Arbitration Act (“FAA”)[i] into law. The FAA made written arbitration agreements in “maritime transactions” or contracts “evidencing a transaction involving commerce” “valid, irrevocable and enforceable.” A bare-bones statute that doesn’t even include a definition of arbitration, the FAA has become a
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Court Sanctions Frivolous Appeal from Order to Arbitrate
By Leslie King O’Neal Preventing “Dogged, Unreasonable Opposition” to Arbitration Arbitration is a quick, economical, and efficient dispute resolution method. However, prolonged litigation before arbitration begins and after award can thwart these goals. Some courts are awarding sanctions to prevent this. Those fond of the strategy of opposing every step in the arbitration process
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Diversity Improves ADR Fairness
By Leslie King O’Neal The Ray Corollary Initiative Professor LaRue is a founder of the Ray Corollary Initiative (RCI) https://raycorollary.org, a non-profit corporation whose mission is to “increase diversity, equity and inclusion in the selections of arbitrators, mediators, and other ADR neutrals.” Named after Charlotte Ray, the first Black woman admitted to the Bar in
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