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: 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
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.
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