FAA or State Arbitration Law?
Resources for Construction Lawyers and ADR Professionals
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…
Posted by: Leslie O’Neal
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…
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…
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]…
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…