Carly Miller and Katherine H. Blankenship | Buildsmart To all our friends with international projects, partners, or contracts, please take note of some significant changes to one of the potential sets of procedures and rules that may govern or apply to your international dispute. The International Centre for Dispute Resolution (ICDR) recently amended its Dispute… Continue reading Important Changes to International Arbitration Procedures
Tag: arbitration
When Is an Arbitration Clause Unconscionable? Not Often
Christopher G. Hill | Construction Law Musings Here at Construction Law Musings, I have discussed the pros and cons of various forms of Alternative Dispute Resolution (ADR), including arbitration. I am a fan of most ADR, but less of one for arbitration than for mediation. However, where the arbitration can be done under a good set of… Continue reading When Is an Arbitration Clause Unconscionable? Not Often
Drafting a Better Arbitration Agreement to Stay Out of Court
Catherine Delorey | Forum on Construction Law A recent five-year, ten-state study proved that effectively managed arbitrations save time and money in comparison to litigation. This study found that federal court lawsuits lasted over a year longer than arbitrations decided during the same period, which delay caused direct business losses exceeding $10 billion, in part due to… Continue reading Drafting a Better Arbitration Agreement to Stay Out of Court
The Right to Arbitrate and the Risk of Losing It
Katherine H. Blankenship and J. David Pugh | Buildsmart The Alabama Supreme Court recently found that a party was in breach of an arbitration agreement for declining to pay the fee schedule set forth by the American Arbitration Association (AAA) and thus lost the right to compel arbitration. This case serves as a reminder to… Continue reading The Right to Arbitrate and the Risk of Losing It
Lawyer’s Advocacy in Arbitrations: No. 5 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make
David K. Taylor | Buildsmart This post is a continuation of the Top 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make before, during, and after arbitrations in which I served as the arbitrator. As stated in the previous posts, there are pros and cons… Continue reading Lawyer’s Advocacy in Arbitrations: No. 5 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make