North Dakota Supreme Court Refuses To Allow Contracting Parties To Fashion Special Reviewing Standard For Private Arbitration Awards: John T. Jones Construction Co. v. City Of Grand Forks
James Duffy O'Connor of Maslon Edelman Borman & Brand, LLP
John T. Jones Construction Co. was the general contractor on an expansion project for the City of Grand Forks. The city refused the general contractor's claim to have encountered differing site conditions, causing it to deliver the project late, and demanded liquidated damages from Jones Co. for the delay. The dispute was submitted to an arbitrator who ruled against the contractor and in favor of the city.
Does the Arbitration Clause In Your Contract Protect You ? What You Should Know About Construction Arbitration Clauses
Last & Faoro
Unfortunately, litigation has become a common method for resolving construction industry disputes. While you may pr.
Intellectual Property Disputes Under the Amended AAA International Rules
Paul S. Schmidtberger of Coudert Brothers LLP
The arbitration of international intellectual property disputes presents unique challenges. Intellectual property.
Arbitration?International Commercial
J. William Rowley, Q.C.,David W. Kent and Markus Koehnen of McMillan LLP
The importance and long-term consequences of the efficient resolution of commercial disputes is undoubted in the industrialized world. Until relatively recently, the principal burden has fallen on a limited number of national court systems that have traditionally captured the majority of such disputes.
Worldly Preparation: Alternative Dispute Resolution in a Global Setting
Jeffrey J. Hessekiel and Dana Haviland of Wilson Sonsini Goodrich & Rosati
The article argues that, in view of the many advantages that arbitration offers over litigation in the international arena, such clauses should be de rigueur in most international agreements.
Arbitration in Florida: Voluntary or Court Ordered
Leonard P. Reina of
Today's trial practice requires that attorneys be familiar with the most common forms of alternative dispute .
To Arbitrate or Not to Arbitrate: Clients should carefully consider agreement for binding arbitration
Slattery & Jespersen, P.C.
Clients often view arbitration as a method to resolve disputes that is preferable to litigation in the court system.
ICC Arbitration Rules to be Revised
Coudert Brothers LLP
Introduction Despite the growth of other international arbitration institutions throughout the world, arb.
UK / US Construction Comparison
Vincent W. King, P.A.
There are interesting parallels as well as interesting .
Canadian Law on International Commercial Arbitration
J. William F. Rowley,David W. Kent and Markus Koehnen of McMillan LLP
The importance and long-term consequences of the efficient resolution of commercial disputes is undoubted in the industrialized world. Until relatively recently, the principal burden has fallen on a limited number of national court systems that have traditionally captured the majority of such disputes. However, economic liberalization and technological change over the last two decades have profoundly altered the global economy.
High Technology Arbitration
Coudert Brothers LLP
Introduction Many industries have ridden the wave of unprecedented growth in international business in recen.
Arbitration Over a Court Proceeding: Is There Really Any Question?
Law Office of Clifford B. Malone, Jr.
Although legal scholars can debate whether the court system can or should accommodate a quick and judicious .
Arbitration In International Project Finance: Drafting the Arbitration Provision
Sharif A Touray of Cadwalader, Wickersham & Taft LLP
This is Part Two of a Two-Part Series on the use of Arbitration in International Project Finance Transactions Pa.
Arbitration & Mediation (March 2004): When it Comes to Arbitration, Be Careful What You Ask For
Joseph E. Floren of Steefel, Levitt & Weiss
You see it all the time: a prayer for attorneys fees at the end of a complaint or answer even when there is no apparent basis for the request. In arbitration, however, requests like this can be self-fulfilling, creating their own legal basis.
Protecting the Right to Prehearing Discovery in Arbitration of International Construction Disputes
Coudert Brothers LLP
Construction disputes often turn on detailed factual points, the evidence of which may be primarily in the hands o.
Enforcement of Foreign Judgements and Arbitration Awards in Indonesia
Michael S Horn of Coudert Brothers LLP
This memorandum will explain the enforcement of foreign judgements and arbitration awards in the Republic of Indon.
Another Look at Remedies in Arbitration
Harvey W. Berman of Bodman LLP
It is widely recognized that arbitrators have broad authority to order any type of relief, even if the relief could.
Pre-Hearing Discovery in Arbitration: Is It Illusory?
Roseann Oliver of Cahill, Christian & Kunkle, Ltd.
Introduction In the past few years, more litigation has moved away from the courtroom and into the arbitration .