11

Posted on: Thu, 05/28/2020

A well-constructed dispute resolution clause is the foundation of a cost-effective and efficient dispute resolution process. Yet courts regularly are faced with arbitration clauses that are problematic in some respect. 

Common Flaw #3: Vague Conditions Precedent

Lack of defined conditions prior to commencing arbitration (conditions precedent) can delay the proceeding
or send parties to court to determine enforceability of the

Posted on: Mon, 12/16/2019

By: A. Kelly Turner, Esq., Senior Counsel, AAA-ICDR

Any doubt as to whether an arbitrator should make a disclosure should be resolved in favor of disclosure. 

The arbitrator should not judge the significance of the potential conflict or contact but rather make the disclosure and let the parties determine its significance. As a guiding principle: if a relationship or interest crosses the arbitrator’s mind, the arbitrator should disclose it.

Arbitrators for a case administered by an arbitral organization are required to provide full, complete

Posted on: Wed, 12/11/2019

A well-constructed dispute resolution clause is the foundation of a cost-effective and efficient dispute resolution process. Yet courts regularly are faced with arbitration clauses that are problematic in some respect.

Common Flaw #2: Buried, Unrealistic, or Ambiguous Filing Requirements

A filing requirement can buried in the fine print of a dispute resolution provision or may be arbitrarily short or ambiguous.

Who’s on First?

Posted on: Tue, 12/10/2019

By: Linda L. Beyea, Vice President, AAA Construction Division

The ability of the parties to choose the decision-maker for their case is one of the most significant benefits of arbitration over litigation. Parties have the opportunity to opt for specific experience related to the subject matter of the dispute, such as industry or technical knowledge, or for broad experience handling similar types of cases, such as large, complex contract matters. Parties may prefer the same qualifications or completely different credentials. Regardless of the differences, all