Neil S. Lowenstein | Vandeventer Black LLP | February 6, 2017 Disagreements are always best resolved at the earliest stage. Construction disputes are no exception to that, and the earlier the better. Unresolved disputes can adversely affect not only the time and cost of performance; but also, and sometimes worse, relationships. And while the best… Continue reading “Alternative” Disputes Resolution: the Mediation and Arbitration Options
Tag: arbitration
Keep it Simple – Conflicting Arbitration Agreements Can Cancel Each Other Out
Claire Stockford and Jane Wessel | Shepard and Wedderburn LLP | December 8, 2016 Those who still treat dispute resolution clauses as “3am clauses”, to be hurriedly agreed at the last minute just before the deal is to be signed, should heed the lesson handed down by the US Court of Appeals for the Tenth… Continue reading Keep it Simple – Conflicting Arbitration Agreements Can Cancel Each Other Out
Arbitration Risks: Why Arbitration is Not Necessarily Better, Faster, or Cheaper Than Litigation
Mike Gaddis, Ph.D., Taj Clayton and Steven H. Stodghill | Fish & Richardson PC | November 30, 2016 There is a widespread belief that arbitration is unequivocally a better, faster, and cheaper alternative to litigation. According to some advocates, the advantages of arbitration include (1) saving money by streamlining procedure and limiting discovery; (2) reaching… Continue reading Arbitration Risks: Why Arbitration is Not Necessarily Better, Faster, or Cheaper Than Litigation
To Arbitrate Or Not To Arbitrate – Or Do We Even Get To That Question?
Stephanie U. (Roberts) Eaton | Spilman Thomas & Battle | November 4, 2016 Chances are that if you work in the construction industry, you have had at least one construction dispute. The longer you work in the construction industry, the greater chance you have of encountering a dispute that does not go away with phone… Continue reading To Arbitrate Or Not To Arbitrate – Or Do We Even Get To That Question?
Dispute Adjudication Boards: Are they the Future of Dispute Resolution?
Mark Goodrich | White & Case | September 2, 2016 Contractors who are working in international markets will almost certainly have encountered the Dispute Adjudication Board (“DAB”) contained in each of the FIDIC Red, Yellow, Silver and Gold Books. However, they may be left with many questions as to why it exists, what it is supposed… Continue reading Dispute Adjudication Boards: Are they the Future of Dispute Resolution?