Christopher G. Hill | Construction Law Musings I have often discussed alternate dispute resolution (ADR) here at Construction Law Musings. In most of those posts, I’ve either discussed the advantages and/or disadvantages of arbitration or mediation. In any of the other ADR-related posts, the assumption was that the question about the arbitrability of the claim (namely that the claim was either… Continue reading Who Decides Who Can Arbitrate? The Court. . .Sometimes
Category: Arbitration
Mind Those Deadlines! Party Loses Appeal of Arbitration Decision by Failing to Timely File a Petition to Vacate
Garret Murai | California Construction Law Blog Arbitration provisions are increasingly common in construction contracts. Indeed, the boilerplate AIA contract documents include a standard arbitration provision providing for arbitration before the American Arbitration Association (“AAA”) (Note: AAA isn’t the only arbitration provider, and I’ve often wondered why the AIA includes the AAA only. Some sort of… Continue reading Mind Those Deadlines! Party Loses Appeal of Arbitration Decision by Failing to Timely File a Petition to Vacate
Pioneering Dispute Resolution: The New JAMS AI Rules
Leslie King O’Neal | JAMS As artificial intelligence becomes more embedded in our daily lives, disputes involving this complex technology are on the rise. Stakeholders in disputes involving AI are particularly concerned about confidentiality of system processes and algorithms. Disputes involving technology like AI involve in depth understanding and complex discovery issues. How do we… Continue reading Pioneering Dispute Resolution: The New JAMS AI Rules
How Not to Frustrate an Arbitrator
Nancy Holtz and Patricia Thompson | JAMS A recent federal court ruling held that an arbitration award would be enforced under the facts of that case, regardless of whether the parties considered the award “good, bad or ugly.” See RSM Production Corp. v. Gaz du Cameroun, S.A., 117 F.4th 707, 714 (5th Cir. 2024). As explained… Continue reading How Not to Frustrate an Arbitrator
“Over? Did You Say ‘Over’?” Determining the Preclusive Effect of an Earlier Arbitration Award
Daniel Lund III | Phelps Dunbar In Nat’l Cas. Co. v. Cont’l Ins. Co., 2024 U.S. App. LEXIS 29826 (7th Cir. Nov. 22, 2024), the United States Seventh Circuit Court of Appeals recently held that under the Federal Arbitration Act, an arbitrator – and not a court – is to determine the preclusive effect of an… Continue reading “Over? Did You Say ‘Over’?” Determining the Preclusive Effect of an Earlier Arbitration Award