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

By: Michael D. Lee, LL.M., Esq., Vice President, ICDR-AAA Case Management Center, Singapore
Smrithi Ramesh, Director, ICDR-AAA Case Management Center, Singapore

The United Nations Convention on International Settlement Agreements Resulting from Mediation (“Singapore Convention”) opened for signatures on 7th August, 2019. Forty-six states including the world’s two largest economies--the United States and China--and three of the four largest economies in Asia--China, India, and South Korea--met in Singapore and inked a new international treaty on mediation that will enable the