JAMS Global Construction Solutions -- Spring 2012


In This Issue:

Assessing the Risks of the Use of Interim and Partial Final Awards; Book Review: International Construction Arbitration Handbook Reviewed by Joel Richler, FCIArb; The Advantages of a “Civil” Approach to Arbitration in Quebec by Olivier F. Kott, Esq; JAMS opens new resolution centers in Toronto AND MIAMI; and Notices & Events

Excerpt from Assessing the Risks of the Use of Interim and Partial Final Awards

Construction arbitrations, which often involve a multiplicity of parties, unique exigencies and substantial numbers of independent claims, require arbitral tribunals to be both creative and cost conscious in managing the arbitration process. One of the main tools available to arbitral tribunals in managing complex arbitrations is the potential issuance of interim and partial final awards that adjudicate, on either a preliminary or final basis, the issues in a particular case.

To be sure, occasions frequently arise in which the issuance of an early, final determination on certain issues is imperative. One easy example is the circumstance in which a party seeks interim measures designed to preserve the status quo. Another equally apropos example involves the improper joinder of parties, such as sureties or subcontractors, who may be entitled to an early dismissal from the proceeding.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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