Marie Devereux and Roberta Downey | Vinson & Elkins Contracts in the construction industry often include multi-tiered dispute resolution clauses. These are clauses which set out in an escalating sequence the stages of dispute avoidance and/or alternative dispute resolution (“ADR”) processes that parties would need to go through or follow before referring a dispute to… Continue reading Jumping Through (Enforceable) Hoops: The Importance of Certainty in Multi-tier Dispute Resolution Clauses
Category: Dispute Resolution
Spotlight: Alternatives to Litigation in USA
Perry J. Goffner and Timothy G. Cameron | Cravath, Swaine & Moore All questions Alternatives to litigation i Overview Given the time, disruption and expense associated with litigation, some parties opt to settle their disputes out of court through ADR procedures. Arbitration and mediation are the most common alternatives. ii Arbitration Arbitration is the submission… Continue reading Spotlight: Alternatives to Litigation in USA
Don’t Ignore the Dispute Resolution Provisions in Your Construction Contract
David Adelstein | Florida Construction Legal Updates Don’t ignore dispute resolution provisions in a construction contract. Sometimes, you may want to. But dispute resolution provisions should be one of the first provisions you look to when a dispute arises recognizing these provisions will be raised if you fail to comply. Not only will they be raised, but… Continue reading Don’t Ignore the Dispute Resolution Provisions in Your Construction Contract
Toolbox Talk Series Recap – Considerations for Optimizing Dispute Resolution Clauses
Michael Filbin | The Dispute Resolver In the April 27, 2023 edition of Division 1’s Toolbox Talk Series moderated by Manuel del Valle, Sergio Andre Laclau (Partner at Mello Torres) and Liza Akins (Senior Assistant GC and Division Counsel at ARCO Design/Build) offered the following strategies for drafting effective ADR clauses in construction contracts: 1. Define… Continue reading Toolbox Talk Series Recap – Considerations for Optimizing Dispute Resolution Clauses
Construction Professionals Should Consider Early Dispute Resolution Proceedings to Resolve Disputes
David M. Clarke | Gordon Rees Scully Mansukhani The judicial logjam caused by the pandemic increased demand for alternative dispute resolution (“ADR”), with some studies showing as much as a 17% rise over pre-pandemic use. The pandemic has also given rise to, or at least increased the use of, new alternatives to traditional ADR. One… Continue reading Construction Professionals Should Consider Early Dispute Resolution Proceedings to Resolve Disputes