By Dale Eilerman The word “and” is short but powerful. It connects as well as includes. It adds rather than negates. The word “and” provides energy in collaboration and contributes momentum toward synergy. This word enables people with differing perspectives to find common ground. It can supply motivation when opposing parties may be losing hope …
By Mikita Weaver In improving the International Centre for Settlement of Investment Disputes (ICSID), the following competing interests must be considered: need to promote efficiency, need to unify the diverse jurisprudence of international investments, and need to promote investments abroad. Jack Coe wrote the following: “Sustained momentum toward an award is also often countered by …
When a dispute arises during a construction project, the parties may use the AAA Construction Rules, which cover arbitration and mediation procedures for construction disputes governed by the American Arbitration Association. It allows the parties to a dispute to attempt to resolve their disagreement without going through a trial and litigating the dispute in front …
It is unlikely that one can make it through a discussion about international investment without considering the impact of bilateral investment treaties. Bilateral investment treaties, or BITs, offer a higher level of protection, and options for dispute resolution, than investments without such treaties. Yet a person investing in their own country without much, or any, …
By Patricia H. Thompson, FCIArb Arbitration provides a toolbox of dispute resolution options that are quicker, more targeted, and less expensive than litigation. However, formal and informal surveys reveal that one important component of this toolbox is unknown or misunderstood by corporate and outside counsel: the parties’ contractual right to appeal the final award, “on …
The excitement and joy of building a new home can quickly be overshadowed by a construction lien, or as it is more commonly known, a mechanic’s lien. Construction liens exist because it guarantees that a contractor will be paid for the work and materials that they put into a home or building. It allows a …
Workplace disputes and collective bargaining issues are often resolved by a specialized type of arbitrator called a labor arbitrator. While many arbitrators will cover a wide variety of subject matters and bring their own experience to their arbitrations, labor arbitrators often go through specialized training and bring specific experience to help resolve the intricate and …
When arbitration is all said and done, there is always going to be a party who feels like they lost the arbitration. This party will often need to consider what happens when they lose and whether there is anything they can do to contest the award. Arbitration is often the end of the road because …
Legal spending by corporations will almost certainly continue to tighten in 2022. The days of unlimited corporate legal budgets have been gone for some time, as companies have worked to rein in their legal spending in the face of skyrocketing costs. These efforts have taken many forms. The key to many of the cost-cutting measures …
When bringing a lawsuit, the parties may need the term locus standi clarified. The term is thrown around in a legal context often, but the definition is rarely discussed outside of first-year law school classes except by the occasional legal opinion that deals with the concept. Yet having locus standi is the foundation of bringing …