News & Analysis as of

Arbitration Discovery Construction Industry

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Bradley Arant Boult Cummings LLP

Interview: Carly Miller And David W. Owen Of Bradley Discuss Discovery And Third-Party Funding In International Arbitration

Mealey’s: What is your professional background and how did you both become involved in international arbitration? Miller: I’ve been practicing law with Bradley in its construction group for a little over 10 years. We rep-...more

Baker Donelson

AAA Amends its Construction Industry Arbitration Rules

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For the first time in almost a decade, the American Arbitration Association has amended its Construction Industry Arbitration Rules for a more streamlined and efficient process as a result of feedback from construction...more

EDRM - Electronic Discovery Reference Model

Illumination Zone: Brett Lamb, Founder and CEO of Construction Discovery Experts, sits down with Kaylee & Mary

Brett Lamb, founder and CEO of Construction Discovery Experts, sits down with Kaylee & Mary to talk about the construction specific services his firm provides including construction specific communication applications like...more

Kilpatrick

What can companies do to protect themselves from U.S. style discovery creeping into their international disputes in light of the...

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International arbitration is popular for resolving construction disputes. The merits of using arbitration can be numerous, including (1) avoiding potentially biased foreign courts, (2) having a meaningful say in who hears...more

Pierce Atwood LLP

Highlights from the AAA’s New Publication on Discovery Best Practices

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The American Arbitration Association (“AAA”) released recommendations for AAA Construction Advocates and Arbitrators with regard to best discovery practices and tips for Construction Arbitration. See American Arbitration...more

Obermayer Rebmann Maxwell & Hippel LLP

You’ve Got a Friend in Arbitration, Pennsylvania

Effective on July 1, 2019, Pennsylvania along with 18 other states adopted the Revised Uniform Arbitration Act (“RUAA”) which makes arbitration more user-friendly.  Over the years, arbitration has become an increasingly...more

Bradley Arant Boult Cummings LLP

No. 10 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make in Construction Mediations

Effective representation of clients in construction mediations takes more than throwing together a mediation statement at the last second and showing up at the mediation. Doing it right requires the same kind of due diligence...more

Troutman Pepper

Combatting Arbitration Inefficiency

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“Arbitration has been proven to be an effective way to resolve disputes fairly, privately, promptly and economically.” So provides the preamble to the Construction Industry Rules of the American Arbitration Association. ...more

King & Spalding

Tokyo Dispute Resolution and Crisis Management Newsletter - December 2017

King & Spalding on

Suitability of Arbitration Rules for Construction Disputes - Arbitration continues to be the preferred method of dispute resolution for construction disputes. With many large infrastructure projects being financed,...more

Carlton Fields

District Court Find No Federal Question Jurisdiction In Action Challenging Arbitration Award Based On Arbitrator Bias

Carlton Fields on

A federal court has rejected the attempt of the losing party in an arbitration to engage in discovery regarding the potential bias of the arbitrator, finding that it had no jurisdiction over the matter because it did not...more

Saul Ewing Arnstein & Lehr LLP

AAA Issues Revised Rules for Arbitration in Construction Industry Disputes

The American Arbitration Association recently updated its Construction Industry Arbitration Rules and Mediation Procedures, effective July 1, 2015. There are six new rules, some of which are borrowed from litigation...more

Baker Donelson

American Arbitration Association Revises Construction Industry Rules and Mediation Procedures

Baker Donelson on

The American Arbitration Association (AAA) recently revised its Construction Industry Rules and Mediation Procedures (Rules). The revised Rules, which took effect on July 1, 2015, are intended to provide a more efficient and...more

JAMS

JAMS Global Construction Solutions Newsletter, Summer 2015

JAMS on

Construction Lawyering in the U.K. and U.S.: Contrasts and Similarities - Introduction - There are important differences between the American and British styles of lawyering, but there is also much common...more

Pillsbury Winthrop Shaw Pittman LLP

AAA Revises Construction Industry Arbitration Rules and Mediation Procedures

The American Arbitration Association (AAA) has revised its Construction Industry Arbitration Rules and Mediation Procedures (Rules), effective July 1, 2015. Although some changes are relatively modest, others expand the...more

Sheppard Mullin Richter & Hampton LLP

Arbitrator and Mediator. Member of AAA National Panel of Construction Arbitrators

AAA issued revised Construction Industry Arbitration Rules which took effect July 1, 2015. There are significant changes in the new rules which are intended to make the arbitration process more efficient and cost-effective. ...more

Troutman Pepper

Texas Supreme Court Holds Builder’s Limited Defensive Participation in Litigation Did Not Waive Right to Compel Developer to...

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G.T. Leach Builders, LLC v. Sapphire V.P., 2015 Tex. LEXIS 273 (Tex. Mar. 20, 2015) This action arose after 2008’s Hurricane Dolly caused extensive damage to a luxury condominium project that Sapphire V.P., L.P. (“Developer”)...more

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