Arbitration is the most widely used method of dispute resolution in the construction industry. Parties should understand the key concepts and common types of claims when deciding whether to arbitrate disputes involving...more
In October 2022, the Eleventh Circuit Court of Appeals granted a petition to rehear the case of Corporacion AIC, SA v. Hidroelectrica Santa Rita S.A. en banc to determine whether enforcement challenges of nondomestic...more
On 1 March 2021, the International Centre for Dispute Resolution (ICDR), the international division of the American Arbitration Association (AAA) and a leading provider of dispute resolution services to businesses in matters...more
On Feb. 15, the International Bar Association released the long-awaited update, adopted by the IBA Council on Dec. 17, 2020, to the IBA Rules on the Taking of Evidence in International Arbitration.
Originally published in...more
On February 15, 2021, the International Bar Association (IBA) released the long-awaited 2020 update to its highly influential Rules on the Taking of Evidence in International Arbitration (“IBA Rules”). Known for their...more
Mealey’s International Arbitration Report recently asked industry experts and leaders for their thoughts on what events had an impact on global economy that have led to an increase in filings. We would like to thank the...more
Introduction -
Arbitration is simple. Parties select a person or persons — the arbitrator(s) — whose expertise or judgment they trust to resolve their differences in a privatized forum. After each party puts on their case,...more
The U.S. Supreme Court issued a unanimous decision on June 1 in GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC, holding that, in some circumstances, even nonsignatories to an agreement may invoke...more
6/3/2020
/ Arbitration Agreements ,
Contract Terms ,
Convention on the Recognition and Enforcement of Foreign Arbitral Awards ,
Enforcement of Foreign Judgments ,
Equitable Estoppel ,
Federal Arbitration Act ,
Foreign Arbitral Awards ,
GE Energy Power Conversion France SAS v. Outokumpu Stainless USA LLC ,
Motion to Compel ,
Non-Signatories ,
SCOTUS ,
State Law Claims ,
Subcontractors
Mealey’s International Arbitration Report recently asked industry experts and leaders for their thoughts on what impact the novel coronavirus will have on international arbitration. We would like to thank the following...more
Days after the World Health Organization declared the COVID-19 outbreak a global pandemic, governments from around the world scrambled to enact measures aimed at mitigating the spread of the virus. ...more
As the COVID-19 pandemic continues to upend carefully choreographed arbitration schedules, parties, counsel and arbitrators have expressed interest in the use of video-conferencing technology to manage remote arbitration...more
On Nov. 21, the Queen Mary University of London School of International Arbitration, in partnership with the U.K.-based law firm Pinsent Masons LLP, released its ninth annual international arbitration survey focused on...more
On Nov. 21, the Queen Mary University of London School of International Arbitration, in partnership with the U.K.-based law firm Pinsent Masons LLP, released its ninth annual international arbitration survey focused on...more
3/9/2020
/ Arbitration ,
Arbitration Agreements ,
Construction Contracts ,
Construction Disputes ,
Construction Litigation ,
Contract Terms ,
Forum ,
International Arbitration ,
Legal Costs ,
Statistical Analysis ,
Surveys ,
UK
Abdul Latif Jameel Trans. Co. v. FedEx Corp., No. 19-5315 (6th Cir. Sept. 19, 2019).
In the world of international arbitration, where document disclosure is already relatively limited compared to practices in federal and...more
10/4/2019
/ Administrative Law Judge (ALJ) ,
Construction Litigation ,
Disclosure ,
Discovery Disputes ,
Dubai ,
Evidence ,
FedEx ,
Foreign Tribunals ,
International Arbitration ,
Saudi Arabia ,
Supply Chain
The goal of any construction project, no matter how large or small, is completion of the project on time, at or under budget, in conformance with the contract requirements, and to the satisfaction of the owner. Managing...more
Legal System -
1. Is your jurisdiction primarily a common law, civil law, customary law or theocratic law jurisdiction? Are the laws substantially derived from the laws of another jurisdiction and, if so, which? What...more
7/9/2019
/ Acceleration ,
Affirmative Defenses ,
Arbitration ,
Arbitration Agreements ,
Breach of Contract ,
Choice-of-Law ,
Construction Contracts ,
Construction Industry ,
Contract Formation ,
Contract Termination ,
Contract Terms ,
Covenant of Good Faith and Fair Dealing ,
Delay Claims ,
Delays ,
Dispute Adjudication Board (DAB) ,
Duty to Warn ,
Expert Witness ,
Federal Procurement Systems ,
FIDIC Contracts ,
Force Majeure Clause ,
Jurisdiction ,
Liens ,
Limitation Periods ,
Liquidated Damages ,
Litigation Privilege ,
Pay-For-Delay ,
Payment Bonds ,
Payment Suspensions ,
Performance Bonds ,
Personal Guaranties ,
Physical Impossibility Rule ,
Practical Completion ,
Settlement Offer ,
State Procurement Contracts ,
Subcontractors ,
Substantial Completion ,
Third-Party Service Provider ,
Time-Barred Claims ,
Timely Project Completion
In 2008, the U.S. Supreme Court in Hall Street Associates LLC v. Mattel Inc. determined that parties may not contractually agree to expand judicial review of arbitral awards beyond the grounds set forth in the Federal...more
6/11/2019
/ American Arbitration Association ,
Appellate Courts ,
Appellate Rules ,
Arbitration ,
Arbitration Awards ,
ATDS ,
Default ,
Harassment ,
ICDR ,
Loan Agreements ,
Navient ,
Service of Process ,
Statute of Limitations ,
Statutory Violations ,
Student Loans ,
TCPA ,
Time-Barred Claims ,
Vacated ,
Vacatur
On March 5, 2018, the International Institute for Conflict Prevention & Resolution (CPR) unveiled its revised Non-Administered Arbitration Rules (the CPR Non-Administered Rules). The 2018 revisions mark the first update to...more