In a unanimous opinion, the U.S. Supreme Court has decided that a court, not an arbitrator, must decide whether a dispute is subject to arbitration when parties have agreed to
Continue Reading U.S. Supreme Court Decides That, Where Parties Have Agreed to Two Contracts that Are In Conflict as to Whether a Dispute Between the Parties Is Subject to Arbitration, A Court Must Decide Which Contract Governs, Not an ArbitratorInternational Construction
Understanding the Differences in the Enforcement of Arbitration Awards and Expert Determinations
By Sarah B. Biser & Craig R. Tractenberg on
Is there a difference in enforcement between an arbitration award and an expert determination pursuant to a contract? The answer is yes, according to a recent ruling by the 3rd…
Continue Reading Understanding the Differences in the Enforcement of Arbitration Awards and Expert DeterminationsTrends in Project Delivery Methods in the United States
By Sarah B. Biser on
The three key measures of a construction project’s success are cost, quality and time (delays). The project delivery method that the owner of the project selects can affect each of…
Continue Reading Trends in Project Delivery Methods in the United StatesCan An International Arbitration Award Be Vacated When The Seat Of Arbitration Is The US Or US Law Is The Substantive Law?
By Sarah B. Biser & Craig R. Tractenberg on
Under existing precedent in the 11th Circuit, which includes Florida, federal courts cannot overturn international arbitration awards on the ground that the arbitrators “exceeded their powers,” a frequently invoked…
Continue Reading Can An International Arbitration Award Be Vacated When The Seat Of Arbitration Is The US Or US Law Is The Substantive Law?The Future has Arrived – New Technologies in Construction
By Sarah B. Biser & Craig R. Tractenberg on
The construction industry has traditionally been slow to adapt to new technologies, but things are changing.
Construction companies are keen to control costs (including increased costs due to supply chain…
Continue Reading The Future has Arrived – New Technologies in Construction