Jonathan Bank and Matthew Murphy | Locke Lord | November 1, 2019 A federal court in New York recently held that an arbitration panel retained the right to resolve any dispute arising out of an arbitration award. In Chicago Insurance Company v. General Reinsurance Corporation et al., no. 18-cv-10450, 2019 WL 5387819 (S.D.N.Y. Oct. 22, 2019),… Continue reading It’s Not Over … Until The Panel Sings
Tag: arbitration
Appearance by Video Might Be More Convenient for a Nonparty in Arbitration, but It Can’t Be Compelled Under the FAA
Nora Valenza-Frost | Property Casualty Focus | October 25, 2019 You find yourself in an arbitration needing documents and testimony from a nonparty. Your arbitrator issues a nonparty summons, “conveniently” requiring the out-of-state nonparty to appear by video at a hearing and produce documents to the parties and the arbitrator in advance. As it goes,… Continue reading Appearance by Video Might Be More Convenient for a Nonparty in Arbitration, but It Can’t Be Compelled Under the FAA
Why Builders Should Reconsider Arbitration Clauses in Construction Contracts
David M. McLain | Colorado Construction Litigation | September 23, 2019 My advice to home builders has long been to arbitrate construction defect claims instead of litigating them in front of juries. Based on my experience and watching others litigate claims, I have learned that home builders usually fare better in arbitration than in jury trials,… Continue reading Why Builders Should Reconsider Arbitration Clauses in Construction Contracts
What is an Alternative Dispute Resolution?
Bremer Whyte Brown and O’Meara | August 19, 2019 Alternative Dispute Resolution (“ADR”) is a term that refers to a number of processes that can be used to resolve a conflict, dispute, or claim. ADR processes are alternatives to having a court decide the dispute in trial. ADR processes can be used to resolve any… Continue reading What is an Alternative Dispute Resolution?
Damages in Construction Arbitrations
Michael W. Kling and Thomas Gaines | Secretariat International, Inc. | November 28, 2018 Types of damages The types of additional costs and resulting damages that are experienced by a contractor or owner because of specific events, actions or inactions are likely to vary, but typically include one or more of the following: scope changes,… Continue reading Damages in Construction Arbitrations