Amandeep S. Kahlon | Buildsmart | September 20, 2017 An issue that repeatedly comes up in construction disputes is the scope of an arbitration agreement. Courts generally interpret agreements to arbitrate broadly, and, where the arbitrability of a specific claim has been at issue, courts often defer, allowing such questions to be answered by the… Continue reading My Roof, My Rules: Arbitrators May Determine Their Own Jurisdiction When the Parties Delegate that Authority
Tag: arbitration
The Ten Most Widely Used Alternative Dispute Resolution Methods
Matthew R. McCubbins | Faegre Baker Daniels | August 9, 2017 Over the past two decades, arbitration has lost some of its luster as the best method to resolve construction industry disputes. The perceived “judicialization” of arbitration is at the heart of the industry’s recent dissatisfaction. Arbitration frequently assumes the hallmarks of a judicial proceeding… Continue reading The Ten Most Widely Used Alternative Dispute Resolution Methods
Federal Arbitration Act Governs Property Insurance Appraisals
Richard Wolf | Claims Journal | July 27, 2017 In a decision filed July 14, 2017, the US District Court for the Central District of California invoked the Federal Arbitration Act (FAA) in refusing to vacate an insurance appraisal award determining the value of insured tools stolen from their owner. The decision, James Dickey, Inc. v. Alterra Insurance… Continue reading Federal Arbitration Act Governs Property Insurance Appraisals
A New AAA Study Confirms that Arbitration is Faster to Resolution Than Court – And the Difference Can be Assessed Monetarily
John P. Ahlers | Ahlers & Cressman PLLC | June 1, 2017 There has been a perception among some litigators that arbitration is more expensive than court due to several factors. Among them: The “upfront” costs are higher in that filing fees for arbitration exceed those in court. Arbitrators are paid, whether hourly or a… Continue reading A New AAA Study Confirms that Arbitration is Faster to Resolution Than Court – And the Difference Can be Assessed Monetarily
When Is Mandatory Arbitration Not Mandatory?
Christopher G. Hill | Construction Law Musings | April 5, 2017 I have discussed my views on mandatory mediation in construction contracts at other places here at Musings and also discussed how the contract is king here in Virginia. A recent Charlottesville, Virginia Circuit Court case combined these two concepts to allow a subcontractor to… Continue reading When Is Mandatory Arbitration Not Mandatory?