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Posted on: Tue, 12/01/2020

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

Posted on: Thu, 07/02/2020

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 #4: Unrealistic Deadlines and Customized Procedures

Posted on: Mon, 06/08/2020

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

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 clause