Happy Birthday to You! Happy Birthday to You! Happy Birthday Dear AAA Supplementary Rules! Happy Birthday to you!
Sometimes it is a race to the courthouse and dispute resolution for construction disputes can take many forms: litigation, mediation, arbitration, med-arb, dispute review boards, flip-a-coin, etc. Every now and then, I will review a construction contract where one of the parties . . . “at its sole option” . . . has the right
When parties to a construction project find themselves in a dispute, there are a few options to help find a resolution. These can include: engaging in informal settlement discussions, taking the dispute to an initial decision maker identified in the contract, or hiring a third-party mediator to help the parties find a resolution. If the
I’ve blogged about arbitration in construction disputes on numerous occasions. Just like any other construction contract dispute, the resolution in arbitration often comes down to the language used in the parties’ agreement. This is especially true when the gateway question is: Who decides whether the dispute is arbitrable—the court or the arbitrator?
The NCAA college basketball tournament is not the only exciting game in town. The American Arbitration Association (AAA) recently announced a game changer called Arbitrator Select.
Continue Reading AAA Announces Game Changer: Potential Arbitrators Now Available Online!
Who knew that dispute resolution was a lot like ordering from a menu? Would you like one arbitrator or a panel of three arbitrators? Would you like your jurisdictional questions to be determined by the court or the arbitrator? Which arbitration rules do you want to apply? So many choices . . .
Recently, the American Arbitration Association revised and
You don’t always say what you mean. And you don’t always mean what you say.
In construction contracts, parties attempt to use plain and ordinary words to describe their respective obligations. For example, when the parties use the word “shall” in their agreement, they generally understand that the obligation specified is mandatory. Or when parties use the