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!
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
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