Resources for Construction Lawyers and ADR Professionals
When is an alternative dispute resolution process worthy of the name “arbitration?” What are the essential attributes of “arbitration?” In two recent cases the NFL’s “arbitration” process was found too one-sided to be called “arbitration,” allowing the cases to proceed in court.[i]…
An arbitrator’s “evident partiality” toward one party is grounds to vacate an award under the Federal Arbitration Act (“FAA”)[i] But what constitutes “evident partiality” sufficient to vacate an award? The leading Supreme Court decision doesn’t provide definitive guidance, and the Federal Circuits…
The California and Connecticut legislatures recently passed new laws regarding arbitration agreements and who can serve as arbitrators. It will be interesting to see if any other states follow their examples. Lawyers or arbitrators practicing in California and Connecticut should review the…
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…