Using arbitration can offer parties a speedy and economic resolution to their disputes. Here are 14 best-practice arbitration tips developed from 40 years of both litigator and arbitrator experience.
Arbitration
Top 6 Causes of Construction Disputes and How They are Resolved
Last year, the cost of construction disputes totaled $42.8 million! This article explains their common causes and the best practices for construction dispute resolution.
Moving Your Case Forward with Arbitration and Special Masters
Whoever coined the phrase “justice delayed is justice denied” was certainly not contemplating a global pandemic. And yet, that is precisely what litigants in most state and federal courts are currently facing. In some circuits, even civil bench trials will not begin again until 2023.
Consequential Damages Reign Supreme, But Cannot be Included in a Construction Lien
In the recent case of TSP Services v National-Standard, LLC (Court of Appeals, Sept. 2019), the Michigan appellate court affirmed an arbitrator’s award of consequential damages to a contractor for lost profits, but rejected the arbitrator’s ruling that such damages...
Will There Be Discovery in Arbitration?
By Stephen A. Hilger, Esq. This is Part 9 in a 20-part series of articles dealing with issues of arbitration in the construction industry. One of the most expensive components of litigation is discovery. Discovery in court can go on seemingly interminably with...
Changes to the 2017 AIA A201 General Conditions: Sections 1.6.1 and 1.6.2 Regarding Notice
By Stephen A. Hilger, Esq. This is part 3 of a 15-part series on the changes to the AIA A201 General Conditions. This part deals with the Notice sections 1.6.1 and 1.6.2. Notice method provisions were formerly in section 13.3 of...
What Rules Govern Your Arbitration?
By Stephen A. Hilger, Esq. This is Part 8 in a 20-part series of blogs dealing with issues of arbitration in the construction industry. Once you are in arbitration, the rules of engagement do not mysteriously appear. Since arbitration is a creature of contract, you...
How to Choose an Arbitrator for Your Case
Choosing an arbitrator is considerably more art than science. People will tell you they want an arbitrator who is fair and who will listen to the case with an open mind. The reality is, litigants want an arbitrator who will most likely view the world the way they do and will attempt to choose an arbitrator who is a most likely candidate in this regard. To accomplish this, there are several ways to select an arbitrator.
How Many Arbitrators Should You Request?
By Stephen A. Hilger, Esq. This is Part 6 in a 20-part series of blogs dealing with issues of arbitration in the construction industry. Once in arbitration, you will come to the crossroads of a decision on how many arbitrators to use. Should you use a single...
Should You Use AAA, Private Arbitration, or Some Other Vehicle?
By Stephen A. Hilger, Esq. This is Part 5 in a 20-part series of blogs dealing with issues of arbitration in the construction industry. Once you have made the decision to utilize arbitration as a dispute resolution mechanism, the next question becomes what vehicle you...