Resources for Construction Lawyers and ADR Professionals
Many consumers (and lawyers) click “Yes” or “Submit” when making online purchases. They don’t take the time to read the Terms and Conditions listed because they’re in a hurry. However, they may find that by clicking “Submit” they have agreed to arbitrate…
AI use is commonplace in law practice. Unfortunately, cases involving AI fake citations (a/k/a “hallucinations”) are also commonplace.[i] These cases continue although AI’s penchant for such hallucinations is well-known and well-documented.[ii]
The goal of keeping arbitration awards confidential often clashes with the doctrine of open access to court records. Confidentiality is one of the main reasons parties choose arbitration to resolve disputes. Unlike court proceedings, where records and hearings are usually open to…
Getting an attorney’s fee award in arbitration is the icing on the cake for many construction attorneys.
It’s well established that arbitrators should not have ex parte communications with parties to the proceedings. Such communications raise issues about the arbitrator’s impartiality and neutrality. Arbitrators should avoid oral or written ex parte communications with parties or counsel to prevent motions…
Is an arbitrator’s “manifest disregard of law” a basis to vacate an arbitration award? What does “manifest disregard of law” mean? Do all the federal circuits agree on use of “manifest disregard of law?” A recent case from the 5th Circuit Court…
If an arbitrator uses artificial intelligence to draft an arbitration award, is he or she acting outside the arbitration agreement’s scope, permitting vacatur under FAA §10(a)(4)? This issue was raised in a recently filed petition to vacate arbitration award in the U.S.…