Henry Scott, Karen B Wong and Miguel Duran | Milbank All questions Dispute resolution In US project finance transactions, the historical preference of lenders is to have the financing documents governed by the law of New York State and to require borrowers and other counterparties to financing documents to consent to the jurisdiction of the… Continue reading In Review: Resolving Project and Construction Disputes in USA
Tag: arbitration
General Contractor Intervening to Compel Arbitration Per the Subcontract
David Adelstein | Florida Construction Legal Updates It is not uncommon that a general contractor’s subcontract will include an arbitration provision. Or it will allow the general contractor to select binding arbitration as the method to resolve disputes at the general contractor’s SOLE OPTION. A general contractor’s subcontract should absolutely give the general contractor this important right. … Continue reading General Contractor Intervening to Compel Arbitration Per the Subcontract
Should You Use the DRB or Go Straight to Arbitration?
Laura Brazil and Anthony Labib | Forum on Construction Law Dispute Resolution Boards (“DRBs”) continue to grow in popularity, particularly for major infrastructure projects. As such, we can expect that construction lawyers will increasingly be advising clients on whether to send a dispute to the DRB or go directly to arbitration. In this post, we… Continue reading Should You Use the DRB or Go Straight to Arbitration?
Waiving the Right to Arbitrate Under Federal Law
David Adelstein | Florida Construction Legal Updates If there is an arbitration provision in your contract that you want to enforce, you do not want to take action inconsistent with those rights as this could give rise to a waiver argument, i.e., that you waived your rights to arbitrate, particularly if the other party has been prejudiced. Under… Continue reading Waiving the Right to Arbitrate Under Federal Law
Group, Class and Collective Arbitration: Recent Developments in US Commercial Arbitration
Martin J. Valasek and Ernesto M. Hernandez | Norton Rose Fulbright Group arbitration can offer certain advantages over class litigation (not least, the ability to enforce awards across multiple jurisdictions). However the consent-based nature of arbitration can lead to jurisdictional obstacles for such claims. This article explores the US line of authorities dealing with group… Continue reading Group, Class and Collective Arbitration: Recent Developments in US Commercial Arbitration