Category: arbitration
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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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Who’s Coming to Arbitration? Arbitrating with Non-Signatories.
By Leslie King O’Neal Arbitrating with a party who did not sign an arbitration agreement is counter intuitive to many lawyers. It’s commonly known that commercial arbitration is a creature of contract; parties cannot be forced to arbitrate disputes without a written arbitration agreement. But, as with many legal rules, this one has several exceptions.
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arbitration arbitration award confidentiality mediation mediation statements multi-party mediation vacating arbitration awards witness statements
Happy Holidays to You
We wish you and yours a joyous holiday season and a happy new year. See you next year! Top Five Posts From 2024 These are our top five posts from 2024. We look forward to sharing more posts with you in 2025!
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No Limits on Arbitration?
By Leslie King O’Neal Lessons from Disney and Uber Are there any limits on the scope of arbitration agreements? Two recent high-profile cases highlight arbitration clauses with extraordinary breadth. While not common in construction-related contracts now, such clauses may be more widely used in the future, creating disputes about how and by whom disputes
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JAMS Introduces New Rules for AI Disputes
By Leslie King O’Neal AI Disputes Require New Rules Since artificial intelligence (AI) is becoming part of everyday business in the design and construction industry, disputes involving AI issues are likely to become more common also. AI-related disputes often involve experts and complex discovery issues. AI companies are concerned about confidentiality of their processes. Having
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