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Arbitrators Construction Industry Dispute Resolution

JAMS

The Changes to the English Arbitration Regime: What Parties to International Construction Disputes Need to Know

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England, and in particular, London, is one of the leading international arbitration centers and is frequently selected as a seat of arbitration. Indeed, the 2025 International Arbitration Survey conducted by White & Case and...more

Bradley Arant Boult Cummings LLP

Mistake No. 9 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Screwing Up the Hearing Exhibits

I have practiced law for 40 years with the vast majority as a “construction” lawyer. I have seen great… and bad… construction lawyering, both when representing a party and when serving over 300 times as a mediator or...more

JAMS

How Not to Frustrate an Arbitrator

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Common Mistakes Attorneys Should Avoid in Arbitration - A recent federal court ruling held that an arbitration award would be enforced under the facts of that case, regardless of whether the parties considered the award...more

JAMS

How Advocates and Arbitrators May Use Psychology to Improve Panel Selection and Decision-Making

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Since 2017, when I edited The Roles of Psychology in International Arbitration, articles on psychology have become a standard feature of edited collections on arbitration and in talks on psychology at arbitration conferences....more

JAMS

[PODCAST] Hon. Nancy Holtz (Ret.) Discusses Timing Strategies in Construction Mediations on ABA Podcast

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In episode 40 of the ABA Construction Law Today podcast, Hon. Nancy Holtz (Ret.), a Boston-based JAMS neutral, explores the critical role of timing in achieving optimal outcomes during construction mediations. Drawing on her...more

Bennett Jones LLP

Dancing the Two-Step to Appeal an Arbitration Award in Alberta

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In its recent decision in Quanta Canada Holdings II ULC v Bremar Construction Ltd, 2024 ABKB 317, the Alberta Court of King's Bench (the Court) established a principled framework for considering an application for permission...more

Buckingham, Doolittle & Burroughs, LLC

Smart Business: Construction Contracts: How prevailing party clauses offer leverage to the little guy

A prevailing party clause is a contractual provision that requires the court or arbitrator to include the winning litigant’s attorneys’ fees and costs associated with the dispute as part of an award or judgment. In...more

Bradley Arant Boult Cummings LLP

Mistake No. 4 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Not Knowing When to Fold ‘Em

I have practiced law for 40 years with the vast majority as a “construction” lawyer. I have seen great… and bad… construction lawyering, both when representing a party and when serving over 300 times as a mediator or...more

Bradley Arant Boult Cummings LLP

Mistake No. 3 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Failing to Perform Due Diligence on Potential...

I have practiced law for 40 years, with the vast majority as a “construction” lawyer. I have seen great… and bad construction lawyering, both when on the other side of a dispute, as well as when serving over 300 times as a...more

JAMS

Six Tips to Successfully Implement Dispute Resolution Boards Nationally and Internationally

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In the demanding realm of construction, where time and money are paramount, dispute resolution boards (DRBs) stand out as a unique and underused asset. The key to unlocking their full potential lies in dispelling common...more

JAMS

[PODCAST] JAMS Neutrals Discuss Evolution of ADR for Resolving Construction Disputes

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In this podcast, JAMS neutrals John W. Hinchey, Esq., and Leslie King O’Neal discuss the evolution of alternative dispute resolution (ADR) within the construction space. Their conversation starts with sharing their...more

Stoel Rives -  Ahead of Schedule

5 Keys to Early Mediation Success When Project Disputes Arise

Many construction, development, and real estate purchase agreements provide for early mediation as a condition precedent to arbitration or court litigation. Early mediation sessions usually fail, only to be followed months...more

Bradley Arant Boult Cummings LLP

The Great Debate: Do You Arbitrate Commercial Disputes?

In a civil case, is it wiser for a business to try to persuade the counterparty to agree from the outset to arbitration—or potentially to place it's very solvency in the unpredictable hands of a judge and jury? Originally...more

Jackson Lewis P.C.

Construction Disputes and ‘Baseball’ Arbitration

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A form of dispute resolution called “baseball” arbitration has increased in use and popularity in the construction industry to resolve all types of disputes, including employment disputes. The procedure has unique mechanisms...more

JAMS

[PODCAST] Demystifying Mediation Myths in the Construction Industry

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A podcast from JAMS featuring neutrals Patricia H. Thompson, Esq., FCIArb, and Bruce A. Edwards, Esq., on some of the top myths on ADR within the construction industry - In this podcast, JAMS neutrals Patricia Thompson...more

JAMS

JAMS Global Construction Solutions, Fall 2021 - The Latest News in Construction ADR from the World’s Leading Neutrals

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Value Engineering Construction Arbitration - Designing a Better Process and Techniques Arbitrators Can Use to Help Parties Reach a Faster, More Cost-Effective Resolution - The rapid growth of construction arbitration...more

JAMS

[PODCAST] JAMS Neutrals Featured in Construction Law Today Podcast: Examining Current Trends and the Future of Construction ADR

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JAMS neutrals join host Buzz Tarlow for an episode of the Construction Law Today podcast, produced by the American Bar Association’s Construction Forum, discussing key trends within the industry and their thoughts on what...more

Cole Schotz

Parties To Construction Contracts Should Exercise Caution When Allowing An Arbitrator To Change Hats Between Mediator And...

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Dispute resolution provisions providing for mediation as a prerequisite to arbitration are standard in AIA construction contracts. Parties may nonetheless mutually agree to eliminate or waive those provisions and proceed...more

JAMS

Enhancing Efficiency in Construction Disputes: Innovative Techniques for Presenting Evidence to Get to a Faster, More...

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The rapid growth of construction arbitration over the last 20 years is a testament to its advantages over traditional litigation: speed, cost and flexibility. But as parties submit larger and more sophisticated disputes, they...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

Baker Donelson

American Arbitration Association Revises Construction Industry Rules and Mediation Procedures

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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

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