Philip L. Bruner, Esq. | JAMS ADR Blog | November 10, 2016 Construction adjudication, the dispute resolution method credited with reducing construction litigation by more than 80 percent in the United Kingdom, is coming to North America. The adjudication method requires disputes arising during construction to be submitted to an adjudicator for a prompt initial… Continue reading Settle Now, Argue Later: Expedited Construction Adjudication Is Coming to North America
Tag: dispute resolution
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?
What’s in a Name?: Defining Arbitration Across the Circuits
Liz Kramer | Stinson Leonard Street LLP | August 3, 2016 What is “arbitration”? Although courts often use and apply the word, rarely do they stop to define it. While the FAA concerns agreements to “settle by arbitration a controversy,” the FAA does not define “arbitration,” leaving the question to the courts. Lacking definitive guidance… Continue reading What’s in a Name?: Defining Arbitration Across the Circuits
Does Your Construction Contract Provide for a “ Project Neutral ” to Resolve Disputes?
Jeffrey S. Wertman | Berger Singerman LLP | July 1, 2016 Disputes on construction projects are inevitable. One of the most important risk management tools for construction participants is a quick and effective dispute resolution procedure. Dispute resolution can be accomplished through various methods, including traditional mediation, arbitration and litigation. However, construction parties are using… Continue reading Does Your Construction Contract Provide for a “ Project Neutral ” to Resolve Disputes?
Arbitration 201: Drafting the Arbitration Clause for the Arbitration you want
Erika Birg | Inside Counsel | March 24, 2016 The parties are close to completing their negotiations on every point in the deal, but there is one aspect left: dispute resolution. It is admittedly difficult when putting together an agreement to look ahead to how it may fall apart in the future, but that is… Continue reading Arbitration 201: Drafting the Arbitration Clause for the Arbitration you want