arbitrability of disputes

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?

In Massachusetts Highway

I recently read a BNA article on commercial arbitration entitled Achieving the Perceived Cost Savings and Expedience of Commercial Arbitration (pdf).  In the article, Chicago attorney William O’Neil identifies six essential terms you should include in your arbitration clauses.

While I agree with most of the essential terms, the recommendations really depend on

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 . . .

Do you want a "reasoned award" in arbitration?

Recently, the American Arbitration Association revised and