Three-Dimensional Chess: Harmonizing Dispute Resolution Clauses in Commercial Insurance Programs

Elizabeth J. Dye and Mark J. Plumer | Policyholder Pulse Considering the complex structure of commercial insurance programs—typically purchased in annual “towers” of insurance—risk managers and in-house counsel often do not pay sufficient attention to arbitration-related provisions, which the insurance industry is more frequently including in its policies. That’s like playing only one board in… Continue reading Three-Dimensional Chess: Harmonizing Dispute Resolution Clauses in Commercial Insurance Programs

Understanding the Impact of AI: Artificial Intelligence, Construction Contracts, and Even More Complicated Disputes

Aaron Evenchik adn Rob Remington | Hahn Loeser & Parks Artificial Intelligence will impact construction in ways that are both predictable and unexpected.  Similar to technologies such as Building Information Modeling (BIM) and GPS, the use of AI hopes to make construction safer, less prone to error, find issues earlier, and reduce delay and costs. … Continue reading Understanding the Impact of AI: Artificial Intelligence, Construction Contracts, and Even More Complicated Disputes

The Complexities of Construction Dispute Resolution, Part I: Statutory Adjudication

Tony Cole | JAMS While disputes can occur in any type of commercial transaction, construction contains a unique mix of “ingredients” that increase the likelihood that disputes will arise. Whereas most commercial transactions involve only a few parties, construction projects involve many participants, each with its own needs and priorities, and each engaged in a… Continue reading The Complexities of Construction Dispute Resolution, Part I: Statutory Adjudication

Dispute Resolution and Conflict of Laws Risks

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

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?

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