Daniel Reichert-Facilides | Chatham Partners Introduction In a world where the enforcement of laws continues to be dominated by domestic legal systems, participants in any cross-border project finance transaction are faced with the risk that the rules applicable in case of a later dispute may differ from those familiar to them. Because of the high… Continue reading Dispute Resolution and Conflict of Laws Risks
Category: Dispute Resolution
Can Parties Be Required To Mediate Before Proceeding To Arbitration?
John M. Townsend, James H. Boyking, Sebastian Bonnard, Malik Havalic, Tamara Kraljic, Shayda Vance, Eleanor Erney, Gaela Gehring Flores, Remy Gerbay, Abigail McDonagh, and Diego Duran De La Vega | Hughes, Hubbard & Reed Mediation and arbitration are both common dispute resolution methods, and both can lead to effective outcomes. Many contracts include provisions that require… Continue reading Can Parties Be Required To Mediate Before Proceeding To Arbitration?
Dispute Resolution Considerations in Construction Contracts
Cesar Pereira | Sheppard Mullin Richter & Hampton During a recent webinar, “Dispute Resolution Considerations in Construction Contracts”, I was joined by my colleagues Chris Kolosov and Emily Anderson to discuss the dispute resolution alternatives available to parties involved in construction contracts. Here are our key takeaways. Considerations for Selecting a Dispute Resolution Method: Selecting the… Continue reading Dispute Resolution Considerations in Construction Contracts
New Mexico Holds One-Sided Dispute Resolution Provisions Are Unenforceable
Bill Wilson | Construction Law Zone Dispute resolution provisions that grant one party the unilateral right to choose either litigation or arbitration to resolve disputes are common in the construction industry. The main difference between the two forums is that courts are more likely to strictly enforce contract terms as written as well as the… Continue reading New Mexico Holds One-Sided Dispute Resolution Provisions Are Unenforceable
Mastering the Art of Construction Dispute Resolution Clauses – A Neutral’s Perspective on Drafting ADR Agreements
Douglas Oles | JAMS Many neutrals may assume that they have little need for skills in drafting dispute resolution clauses. If so, they are wrong. In fact, there are good reasons why all ADR participants—including the neutrals—need experience in crafting the agreements governing such proceedings. Arbitrators constrained by poorly drafted arbitration agreements quickly learn the… Continue reading Mastering the Art of Construction Dispute Resolution Clauses – A Neutral’s Perspective on Drafting ADR Agreements