Gain an understanding of the different dispute resolution processes and how to make them effective.
Arbitration has a long history in the United States and in the International context for the resolution of commercial disputes. Arbitration has many proponents and many detractors. For the construction industry, arbitration has long been a favored means of disputes resolution. Many construction form agreements default to arbitration but the parties may have a limited understanding of the benefits and potential pitfalls of this method of dispute resolution. This presentation will address the fundamentals benefits and differences between arbitration and litigation. In addition, the seminar will provide a broad overview of the common pitfalls and risk of using arbitration to resolve your construction disputes. This seminar will should provide a solid foundation for you to understand what using an arbitration clause for your construction dispute really means in practice.
Learning Objectives
- You will be able to describe the arbitration process.
- You will be able to discuss the benefits and limitation of using arbitration as an alternative dispute resolution procedure for your construction matters.
- You will be able to recognize common issues and limitation of arbitration for construction disputes.
- You will be able to assess major issues of arbitrating construction matters.
Agenda
Arbitration Fundamentals
- Arbitration Historical Context
- Federal Arbitration Act and State Arbitration Codes
- Typical Clauses and Triggering Arbitration
- The Panel One or Three Arbitrators
- Rules, Rules, and More Rules-the Many Arbitration Systems and Rules
The Old Arguments: Arbitration vs. Litigation: Risk, Expense, Appealing
- Litigation vs. Arbitration Expense Argument
- The Slow Trial vs. the Speedy Arbitration
- The Substantive Law; Rules of Evidence; Three Judges: The Arbitration Hearing
- Discovery: Do You Really Need It?
- Appellate Rights: Who Needs Them?
What About the Subs, Design Professionals, and Other Project Participants
- Who Is Bound to Arbitrate?
- Third Party Practice in Arbitration
- Subpoenas and Other Issues in Arbitration Related to Construction Discovery
Do You Really Want a Subject Matter Expert and Other Construction Issues
- Considerations in Selecting a Panel Member for a Construction Dispute
- Venue, Forum, and How to Make Your Arbitration Work in Large Construction Matters
- Presenting the Construction Case at Arbitration
- Fees, Construction Liens, and Other Common Construction Issues in Arbitration
Speakers
Michael Jay Rune, II,
Carlton Fields, P.A.- Shareholder in the Miami office of Carlton Fields, P.A.
- Practice emphasizes construction, surety, and insurance law and related litigation since 1997
- Lectures on issues important to the construction industry; co-author of Liability and Performance Bond Surety in The Law of Performance Bonds (ABA 1999)
Who Should Attend
This live webinar is designed for attorneys, presidents, vice presidents, owners, project managers, architects, engineers, controllers, accountants, contract managers, principals, developers, lenders and legal counsel.
