Laura Abrahamson | JAMS In business and especially the engineering and construction industry, time is money. My conversations this year with general counsel from engineering and construction companies of all sizes consistently reinforced the ongoing need to improve the construction arbitration experience for these users. GCs are looking for arbitrators and advocates who understand business… Continue reading Insights From the General Counsel’s Office – Seven Steps to Success in Complex Construction Arbitration
Category: Arbitration
Harnessing Innovation to Improve the Quality of Arbitrator Decision-Making
Hon. Nancy Wieben Stock | JAMS A neutral’s perspective on the evolution of resolving construction disputes For several years, the shuttering effects of a global pandemic have severely hampered the ability of arbitrators and advocates to use direct techniques to try complex commercial arbitration cases. Forced closures, tempered by the need to timely resolve construction… Continue reading Harnessing Innovation to Improve the Quality of Arbitrator Decision-Making
Quick Notes on Considerations when Choosing Arbitration or Litigation at the Time of Contracting
Rebecca L. Gobeil | Gordon Rees Scully Mansukhani Current AIA standard form agreements allow for a choice between binding arbitration or litigation, with a further option to enforce mediation as a condition precedent to proceeding with the selected dispute resolution method. Each option has its advantages and disadvantages – and one option does not fit… Continue reading Quick Notes on Considerations when Choosing Arbitration or Litigation at the Time of Contracting
Drafting Arbitration Provisions: Tried & True Best Practices
Sarah Rawls | Butler Snow “An ounce of prevention is worth a pound of cure.” Benjamin Franklin’s statement has reverberated for centuries in a variety of circumstances, and has enjoyed widespread use among attorneys, in particular. This especially holds true for attorneys tasked with drafting agreements or provisions designed, in part, to provide information on… Continue reading Drafting Arbitration Provisions: Tried & True Best Practices
Too Costly to Be Fair: Texas Appellate Court Finds the Arbitration Clause in a Residential Construction Contract Unenforceable
Gus Sara | The Subrogation Strategist In Cont’l Homes of Tex., L.P. v. Perez, No. 04-21-00396-CV, 2022 Tex. App. LEXIS 7691, the Court of Appeals of Texas (Appellate Court) considered whether the lower court erred in refusing to enforce an arbitration clause in a construction contract between the parties. The Appellate Court considered the costs of… Continue reading Too Costly to Be Fair: Texas Appellate Court Finds the Arbitration Clause in a Residential Construction Contract Unenforceable