By: Cristina Ryan, Director of ADR Services, Construction Division, AAA®
Initially scheduled for a live hearing in April 2020, this large, complex, multi-party matter changed to a virtual one when COVID-19 cancelled in-person hearings and the participants decided not to wait until restrictions were lifted and concerns alleviated
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 #4: Unrealistic Deadlines and Customized Procedures
By: Michael R. Powell, Vice President, AAA Construction Division
Parties select construction arbitrators based on their subject-matter expertise, qualifications, familiarity with the applicable law(s), and reputation. It wasn’t that long ago when industry professional arbitrators (IPAs) served with more frequency in construction claims. In
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 clause