Tag: arbitration
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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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Courts Uphold Arbitrators’ Contract Interpretations–Right or Wrong
By Leslie King O’Neal Parties Bargained for Arbitrator’s Interpretation–Courts Won’t Usurp Function Many arbitration agreements grant arbitrators broad powers, including contract interpretation. The two cases in this post show the difficulty in vacating arbitration awards by claiming the arbitrator misinterpreted the contract. As stated in Hidroelectrica Santa Rita S.A. v. Corporacion AIC, SA, “Parties to
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Texting Witness Re: Answers During Testimony Results in Vacating Arbitration Award
Texting witnesses during testimony at arbitration constitutes fraud, resulting in court vacating arbitration award.
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The Attorney’s Role in Preparing Witness Statements and Exhibits
By Andrew Ness Last week’s post, Practical Tips for Drafting Witness Statements listed thirteen recommendations for making witness statements more effective and powerful. This week’s post adds guidance about the attorney’s role in drafting effective witness statements and exhibits, including some cardinal rules to follow to avoid potential disaster on cross examination. Who Drafts the
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Practical Tips for Drafting Witness Statements
By Andrew Ness Drafting Effective Witness Statements Using Witness Statements in Arbitration (8/31/24) addressed the basics for using written witness statements in lieu of direct testimony in arbitration. This post provides tips for drafting effective witness statements. Practical Tips for Drafting Effective Witness Statements Takeaways Drafting effective witness statements requires collaboration between counsel
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Confidentiality in arbitration–and afterward
Confidentiality in arbitration is more limited than many attorneys and parties believe. Confidentiality agreements can help protect sensitive information, but they’re not binding on courts considering post-hearing motions. This post gives guidance on keeping information confidential during and after arbitration.
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Using Witness Statements in Arbitration
By Andrew Ness Witness Statements Gain Popularity in U.S. Arbitrations Of the many innovations gaining wider acceptance in U.S. arbitrations, use of fact witness statements in lieu of direct examination is leading the pack. For those considering the use of witness statements in an upcoming arbitration, this post outlines the procedures generally adopted, and the
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Arbitration Awards: Avoiding Unfair Results
By Andy Ness How far can arbitrators go in fashioning an appropriate remedy without putting the arbitration award at risk of vacatur? A 2022 decision by the North Carolina Court of Appeals sheds light on what arbitrators can do when the contract’s remedy-granting provisions cannot be applied, but basic fairness calls for a remedy.[1] The
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