Category: Uncategorized
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Does Terminating the Contract = Terminating the Arbitration Clause?
Posted by: Leslie O’Neal |By Leslie King O’Neal Do Arbitration Clauses Have a “Shelf Life?” What is the “shelf life” of an arbitration clause? If the underlying contract expires or is terminated, is the arbitration clause terminated also? Who decides if the arbitration clause is still valid—the court or the arbitrator? A Long-Running Dispute Over
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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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Dispute Review Boards (DRB’s)–Resolving Disputes on the Jobsite
By Leslie King O’Neal Dispute Review Boards Provide On-Site Dispute Resolution It’s rare to have a construction project with no disputes. Dispute review boards provide a method for prompt, informal, cost-effective and impartial dispute resolution on the jobsite.[i] In the United States DRB’s have been used for over 30 years to avoid and resolve disputes
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A Bank Robber, the Matrix & Mediation
By Leslie King O’Neal Advice From a Bank Robber–Go Where the Money Is Willie Sutton was a notorious bank robber in the 1920’s and 1930’s.[i] Over his 40-year criminal career, he stole at least $2 million. When a reporter asked him why he robbed banks, he allegedly said, “Because that’s where the money is.” [ii]
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Arbitrator Site Visits–IBA Issues New Protocol
By Andy Ness Sometimes Virtual Isn’t Enough Site visits often play a significant role in large construction arbitrations. Construction drawings, pictures and even videos cannot match actually seeing the project in person and viewing the project elements and work areas involved in the dispute. What tends to make the most lasting impression on me from
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