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Arbitration Adjudicatory Process

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 -
JAMS

The Complexities of Construction Dispute Resolution, Part I: Statutory Adjudication

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While disputes can occur in any type of commercial transaction, construction contains a unique mix of “ingredients” that increase the likelihood that disputes will arise. Whereas most commercial transactions involve only a...more

BCLP

The IBA Site Visit Protocol: A framework for Avoiding Disputes Within Disputes

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Site visits can play an important part in construction arbitration, allowing the tribunal to gain a clearer understanding of the works in dispute. However, agreeing the terms of a site visit can be a contentious process...more

BCLP

Abbey Healthcare - A Prompt for Considering Contractual Adjudication in Collateral Warranties?

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An article considering the Supreme Court’s decision in Abbey Healthcare, which decided that a typically worded collateral warranty is not a construction contract for the purposes of the Housing Grants, Construction and...more

BCLP

Case Flags Risk of Unclear ADR Procedure

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While main contract suites offer standard dispute resolution clauses, these are often amended in practice. A recent case gives a warning of what happens when such bespoke provisions are not clear. Originally published by...more

White & Case LLP

Managing construction risks in Asia-Pacific: Australia

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Australia is a highly advanced mixed economy, but investors – often drawn to the country's economic stability and resilience – should be aware of certain clauses that typically appear in construction contracts. Australia...more

Jackson Lewis P.C.

Four Ways Manufacturing Employers Can Reduce Risk Of Class Action Litigation

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While most employers’ collective bargaining agreements (CBAs) require that class action grievances be submitted to an arbitrator for adjudication, employers in the manufacturing industry may want to consider extra precautions...more

A&O Shearman

Introduction to the Legal System of the Kingdom of Saudi Arabia

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This article sets out a brief overview of the legal system in the Kingdom of Saudi Arabia and should be treated only as a general guide and not as legal advice. If you require advice on a matter relating to Saudi Arabian law,...more

BCLP

Sitol v Finegold: NEC3 adjudication time bar applied

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The idiom “all duck or no dinner“, if you’re not familiar with it, means “all or nothing“. I once worked for a partner that was quite fond of using it, particularly in the context of limitation periods and time bars: if...more

JAMS

JAMS Global Construction Solutions Newsletter, Summer 2017

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Expedited Construction Adjudication: A Better Process for Resolution of Performance Bond Disputes - For the sake of the parties and the construction project, it would be ideal if major contested construction disputes,...more

JAMS

Settle Now, Argue Later: Expedited Construction Adjudication Is Coming to North America

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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...more

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