Patrick McKnight | Forum on Construction Law The American Arbitration Association (“AAA”) recently released an important new document, “Discovery Best Practices for Construction Arbitration: Recommendations for AAA Construction Advocates and Arbitrators.” These best practices are intended to “educate advocates and arbitrators to better manage pre-hearing exchanges of information in construction disputes.” Generally, the seven-page document… Continue reading AAA Releases Discovery Best Practices for Construction Arbitration
Tag: arbitration
It’s My Construction Contract, I Can Arbitrate Where I Want
Patrick Lindmark | Taft Law “[W]hen parties agree to arbitrate all questions arising under a contract, the [Federal Arbitration Act] supersedes state laws lodging primary jurisdiction in another forum, whether judicial or administrative.”[1] Subcontractors know all too well that out-of-state prime contractors and owners often include clauses in construction contracts that require all disputes be… Continue reading It’s My Construction Contract, I Can Arbitrate Where I Want
Highlights from the AAA’s New Publication on Discovery Best Practices
R. Thomas Dunn and David Fitzpatrick | Pierce Atwood The American Arbitration Association (“AAA”) released recommendations for AAA Construction Advocates and Arbitrators with regard to best discovery practices and tips for Construction Arbitration. See American Arbitration Association Discovery Best Practices for Construction Arbitration (“Best Practices”). Through the AAA National Construction Dispute Resolution Committee, our own John Bulman played a key… Continue reading Highlights from the AAA’s New Publication on Discovery Best Practices
Try Med-Arb as an Alternative to the Typical Alternative Dispute Resolution
Brian Gaudet | Kilpatrick Townsend & Stockton An alternative to traditional alternative dispute resolution called med-arb, a combination of mediation and arbitration, should be strongly considered in small and uncomplicated cases. Alternative dispute resolution in the construction context typically means arbitration and mediation. Dispute review boards and executive negotiations are some others, but those are… Continue reading Try Med-Arb as an Alternative to the Typical Alternative Dispute Resolution
Putting Your Best Foot Forward in a Remote Arbitration
Stephanie L. Noble | Vinson & Elkins At the beginning of 2020, arguing hearings and trying cases in a completely remote environment seemed like science fiction. Now, just a year later, courts and litigants have adapted to our new virtual litigation environment. While virtual jury trials are still few and far between, one trend has… Continue reading Putting Your Best Foot Forward in a Remote Arbitration