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Dispute Resolution Contract Disputes

BCLP

Construction Industry Participants Beware: CISG and CISOP and Their Impact on Overseas Procurement

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It is common for construction industry participants to source various machinery, materials or components from overseas for construction projects in Hong Kong, or to have part of the construction and fabrication or assembly...more

Morrison & Foerster LLP

Enforcement of China’s Anti-Foreign Sanctions Law Strengthens Through Private Cause of Action and New Implementing Rules

In November 2024, in the first successful private cause of action under the Anti-Foreign Sanctions Law (AFSL), a Chinese court adjudicated a civil claim by a Chinese company against its overseas customer for failure to pay...more

Foley & Lardner LLP

M&A Disputes Set to Rise in Latin America: How Savvy Investors Are Protecting Themselves

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As deal activity shows signs of rebounding in 2025, investors are bracing for an increase in M&A-related disputes globally, and Latin America is no exception. It appears to be leading the trend....more

Bradley Arant Boult Cummings LLP

Understanding the Metropolitan Washington Airports Authority Bid Protest Procedures

When participating in a government procurement process, understanding the rules governing bid protests is crucial. For contractors engaging with the Metropolitan Washington Airports Authority (MWAA), strict procedural...more

Vinson & Elkins LLP

Technology, Infrastructure, and the Future of Disputes: A Conversation with Roberta Downey

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Roberta Downey, a seasoned disputes lawyer, shares how rapid innovation is transforming the construction industry, reshaping contracts, and presenting new challenges for legal teams worldwide. In your recent piece for The...more

White & Case LLP

Efficiency And Effectiveness

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The behaviours that most negatively impact efficiency in arbitration include adversarial approaches by counsel (24%), lack of proactive case management by arbitrators (23%) and counsel over-lawyering (22%). Respondents called...more

Felicello Law PC

The Art of Selection: What You Should Consider When Choosing an Arbitrator

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In arbitration, unlike in court, the parties are tasked with choosing their own arbitrator or panel of arbitrators. Each side wants to pick the arbitrator or panel that will see the case in the best light. They want someone...more

K&L Gates LLP

Tariffs & Supply Chains: An English Law Perspective on Contractual Levers You May Have (or Want)

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These are challenging times for supply chains. In recent months, the US government has announced, reversed, delayed, adjusted, and enacted a series of tariffs on imports to the United States from a long list of countries;...more

Bracewell LLP

Reinforcing the Regime: Key Updates to Arbitration in England and Wales

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The Arbitration Act 2025 (the “Act”) received Royal Assent on 24 February 2025. Its stated aim is to amend the Arbitration Act 1996, which governs arbitral claims seated in England and Wales. It marks a gentle evolution of...more

Bradley Arant Boult Cummings LLP

Whose Terms Govern? An Introduction to the Battle of the Forms

For construction lawyers, the Battle of the Forms presents a familiar fact pattern. A material supplier/seller provides a potential buyer with a price quote along with its standard terms. The buyer, usually a contractor or...more

Klein Moynihan Turco LLP

CIPA Arbitration Demands

Readers may recall prior pieces in which we discussed a pair of law firms responsible for bringing California Invasion of Privacy Act (“CIPA”) arbitration demands against online businesses. These CIPA arbitration demands...more

Vinson & Elkins LLP

London Partner Roberta Downey Wired for Disputes: Tech, Infrastructure, and the New Frontier of Risk

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“We’re at a moment where the drive for innovation is clashing with the realities of risk.” – Roberta Downey In this video, London partner Roberta Downey examines how rapid technological change — from offshore wind to soaring...more

Bradley Arant Boult Cummings LLP

Understanding the FAA’s ODRA Bid Protest Process: A Guide for Government Contractors

When it comes to federal procurements, the Federal Aviation Administration (FAA) operates a little differently than most other agencies. Unlike other federal agencies that follow the Federal Acquisition Regulation (FAR), the...more

McGinnis Lochridge

Texas Supreme Court Clarifies Limits of Shut-In Payment Notations in Lease Disputes

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In this case (Scout Energy Mgmt., LLC v. Taylor Properties, No. 23-1014, 2024 WL 5249490 [Tex. Dec. 31, 2024]), the Texas Supreme Court held that vague notations on shut-in royalty check receipts cannot modify an unambiguous...more

JAMS

From 1925 to Today: How the FAA Transformed Dispute Resolution

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In 1925, Congress enacted the Federal Arbitration Act (FAA) requiring courts to enforce agreements to arbitrate as valid contract provisions. Business communities and trade associations campaigned vigorously in support of its...more

McGinnis Lochridge

Can a Production Sharing Agreement Override Surface Owner Consent? Hamilton v. ConocoPhillips Explored

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A landowner’s failure to provide consent for surface use related to oil and gas operations does not necessarily preclude the lessee from conducting activities if the lease agreements allow surface use....more

Moore & Van Allen PLLC

MVA Supply Chain Brief: What Terms Govern?

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In this second installment of MVA’s Supply Chain series on tariffs, we examine a fundamental question in the determination of which party to a contract is responsible for paying tariffs on goods imported into the United...more

Bradley Arant Boult Cummings LLP

Court Affirms $1 Nominal Damage Award in Wind Farm Construction Dispute

Court Affirms $1 Nominal Damage Award in Wind Farm Construction Dispute The general contractor on the 60-turbine wind farm project in Good Hope, Illinois, is entitled to collect a whopping $1 on its cost-to-complete claim...more

A&O Shearman

The Mumbai Centre for International Arbitration Releases New Rules

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The Mumbai Centre for International Arbitration (MCIA) has released its 2025 Arbitration Rules, introducing major updates to streamline proceedings, enhance transparency, and align with global best practices. This post...more

Bradley Arant Boult Cummings LLP

Understanding Small Business Size and Status Protests and Appeals: A Guide for Government Contractors

In the highly competitive world of federal government contracting, a firm’s small business size or socioeconomic status can determine its eligibility for lucrative set-aside contracts. For competitors and interested parties,...more

Akerman LLP

Tariff Troubles: Analyzing Construction Contracts in the Current Market

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2025 brought with it many new tariffs, and those tariffs seem to be changing on a near-daily basis. Given this, many in the real estate industry are understandably apprehensive about beginning new projects. Many more are...more

Gray Reed

Texas Pore Space Ownership – Royalty Calculation

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In Myers-Woodward, LLC v. Underground Services Markham, LLC et al, (discussed previously) the parties disagreed on how to calculate Myers’ royalty on salt produced by Underground....more

Bradley Arant Boult Cummings LLP

Does “Indemnify” = “Hold Harmless”?

Does this sound familiar? Nearly every construction contract contains an indemnification provision with some variation of these terms. And if you have ever negotiated a construction contract, you know that indemnification...more

Carlton Fields

Fifth Circuit Reverses Decision Denying Motion to Compel International Arbitration

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The Fifth Circuit Court of Appeals recently reversed a district court’s denial of a motion to compel arbitration, concluding that the contract between the parties evinced an intent to arbitrate even if the purported arbitral...more

Troutman Pepper Locke

AAA Unveils Significant Revisions to Consumer Arbitration Rules

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The American Arbitration Association (AAA) has announced revisions to its Consumer Arbitration Rules effective May 1, 2025. The revised rules can be found here and the AAA’s announcement of the rules here. Prior to amending...more

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