Arbitration in Construction Contracts (OnDemand Webinar)

$149.00

SKU: 411228EAU

Description

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 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.

Date: 2024-02-22 Start Time: End Time:

Learning Objectives

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

CLE (Please check the Detailed Credit Information page for states that have already been approved) ,ENG ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.

Michael Jay Rune, II-Carlton Fields, P.A.

Arbitration in Construction Contracts (OnDemand Webinar)

$219.00

SKU: 407238EAU

Description

Gain an understanding of the different dispute resolution processes and how to make them effective.Learn how to use arbitration and other forms of alternative dispute resolution (ADR) to resolve construction disputes. The construction industry was an early adopter of arbitration and has been in the forefront of employing other dispute resolution processes. However, many construction professionals do not fully understand the different processes or how to effectively use them to resolve their disputes. Arbitration is criticized for being too much like litigation and not delivering speedy, economical resolution of disputes. This topic will explain how the parties can make arbitrations faster and more efficient, and will define and explain the different dispute resolution processes and will explore what is needed, from the parties and their counsel, to make them effective. The approach will be practical, not theoretical. It will equip clients to knowledgeably discuss dispute resolution options with their lawyers and to shape an approach that is appropriate for the amounts in dispute. It will describe how both parties can benefit from working together to reach agreement on a practical process for resolving their substantive dispute.

Date: 2020-01-31 Start Time: End Time:

Learning Objectives

The Dispute Resolution Spectrum
• Nonbinding Procedures Such as Mediation and Dispute Resolution Boards
• Binding Procedures – by Agreement
• Binding Procedures – Provided by Law
• Discussion of Pros and Cons of Alternative Dispute Resolution Options

The Arbitration Process
• What Can Go Wrong
• Problems and Solutions
• Tips on How the Parties Can Make the Process Efficient

Agreements to Arbitrate
• In Contracts
• By Later Agreement

Laws Governing Arbitration
• Federal
• State
• Which Apply When

Enforcement of Arbitration Agreements
• Between the Parties to the Agreement
• Joinder and Consolidation of Multiple Parties
• Joinder of Nonsignatories

Arbitration Providers
• Who They Are
• The Differences

Variations on Traditional Arbitration

How to Economically Resolve Your Construction Dispute

AIA ,CLE (Please check the Detailed Credit Information page for states that have already been approved) ,ENG ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.

Paul W. Berning, Esq.-Law Offices of Paul W. Berning