AAA Handbook on Construction Arbitration and ADR
Published in August 2007
Book
Hardback
319 pages
978-1-929446-44-5 (ISBN)
Description
The on Construction Arbitration and ADR assembles from the Dispute Resolution Journal - the flagship publication of the American Arbitration Association - and other sources, the leading professional writing in areas in which arbitration and ADR are likely to apply. The Handbook on Construction Arbitration and ADR is succinct, comprehensive and a practical introduction to the use of arbitration and ADR in various fields, written by leading practitioners and scholars. It provides essential orientation and is a "must" for anyone with an interest in the field of arbitration and ADR. The Handbook also addresses various contemporary problems in arbitration and ADR law - such as the use of class action arbitration, the awarding of punitive damages in arbitration, and the selection of arbitrators and mediators.
The Handbook contains recent important articles written by authors who are recognized specialists in that area. Often the authors have both national and international reputations. The contributions cover a wide array of topics that are of substantial interest in the field and provide analytically thorough, professional, and practical answers to problems that have emerged in the field.
The articles were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed. The articles provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.
The Handbook contains recent important articles written by authors who are recognized specialists in that area. Often the authors have both national and international reputations. The contributions cover a wide array of topics that are of substantial interest in the field and provide analytically thorough, professional, and practical answers to problems that have emerged in the field.
The articles were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed. The articles provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.
More details
Language
English
ISBN-13
978-1-929446-44-5 (9781929446445)
Persons
Thomas E. Carbonneau is the Samuel P. Orlando Distinguished Professor of Law at Penn State's Dickinson School of Law. Professor Carbonneau is commonly regarded as one of the world's leading experts on domestic and international arbitration. He serves on the editorial board of La Revue de L'Arbitrage and is the author of ten highly acclaimed books and 75 scholarly and professional articles on arbitration. Professor Carbonneau and was formerly the Moise S. Steeg Jr. Professor of International Law at Tulane University School of Law.
Philip J. McConnaughay is Dean and Professor of Law at the Penn State University School of Law and Former Professor of Law at the University of Illinois College of Law in Urbana-Champaign, Illinois. Dean McConnaughay joined the College of Law faculty at Illinois in1996 following seventeen years of international practice with Morrison & Foerster LLP, including almost ten years as a resident Partner in Morrison & Foerster's Tokyo and Hong Kong offices. He has represented parties from throughout the world in major international arbitrations in China, Japan, Southeast Asia, and the United States, including representing Fujitsu Limited in the celebrated IBM/Fujitsu Arbitration. Dean McConnaughay has served as a foreign advisor to arbitration law reform efforts in Indonesia, he has lectured on international arbitration and economic development in China, Vietnam, Japan, and elsewhere in Asia, Europe, and North America.
Philip J. McConnaughay is Dean and Professor of Law at the Penn State University School of Law and Former Professor of Law at the University of Illinois College of Law in Urbana-Champaign, Illinois. Dean McConnaughay joined the College of Law faculty at Illinois in1996 following seventeen years of international practice with Morrison & Foerster LLP, including almost ten years as a resident Partner in Morrison & Foerster's Tokyo and Hong Kong offices. He has represented parties from throughout the world in major international arbitrations in China, Japan, Southeast Asia, and the United States, including representing Fujitsu Limited in the celebrated IBM/Fujitsu Arbitration. Dean McConnaughay has served as a foreign advisor to arbitration law reform efforts in Indonesia, he has lectured on international arbitration and economic development in China, Vietnam, Japan, and elsewhere in Asia, Europe, and North America.
Content
Introduction
Chapter One: ADR in the Construction Industry
I. The Broadened Scope of ADR in Construction Disputes
Alternative Dispute Resolution in the Construction Industry
By James P. Groton
II. Revised AIA-A Expands The Use Of ADR
Construction ADR At Its Best: The New AIA A-201 Document
By Howard G. Goldberg
III. Using Hybrid ADR Techniques in Construction Disputes
"Hybrid ADR" in the Construction Industry
By James H. Keil
IV. The Duty to Disclose
Neutral Corner-The Duty to Disclose
By Neil Carmichael
V. Postponement Requests
Neutral Corner-Dealing With Postponement Requests
By Neil Carmichael
VI. Using a Neutral Architect
Dispute Resolution Using a Neutral Architect
By Jack Kemp
Chapter Two: Managing Risk and Avoiding Disputes
I. Identify and Manage Project Risk to Contain Claims
The Key to Claims-Free Projects-Identifying and Managing Construction Project Risk
By Ava J. Abramowitz
II. Preventing Contract Disputes
Strategies to Prevent Construction Contract Disputes
By Luc Picard
III. Industry Guidelines for Avoiding and Resolving Construction Disputes
ASA/AGC/ASC Joint Guideline on the Avoidance and Resolution of Construction Disputes
ASA/AGC/ASC
IV. Tailoring Design-Build Agreements to Avoid and Resolve Conflicts
Avoiding Disputes in the Design-Build Environment
By Michael C. Loulakis
V. Waivers of Consequential Damages
Negotiating Consequential Damages Waivers
By Charles M. Sink
Chapter Three: Dispute Resolution Boards
I. New AAA Protocol for Dispute Resolution Boards
A New Look at DRBs-AAA Offers New DRB Roster and Protocol
By Robert J.Smith & Robert A. Rubin
II. Using Dispute Resolution Boards For Real Time Solutions
Dispute Review Boards: Resolving Construction Disputes in Real Time
By Robert J. Smith
III. Experience with Advisory Dispute Review Boards
Expanding the DRB's Role-The Boston Central Artery Tunnel Project's Experience with Advisory Dispute Review Boards
By Brison S. Shipley
Chapter Four: Partnering
I. The Importance of Trust in the Partnering Process
I Don't Trust You, But Why Don't You Trust Me?
Recognizing the Fragility of Trust and Its Importance in the Partnering Process
By Jeffrey S. Busch & Nicole Hantusch
II. AAA Task Force Guide to Partnering
Building Success for the 21st Century: A Guide to Partnering in the Construction Industry
Report of the Dispute Avoidance and Resolution Task Force of the American Arbitration Association
III. The Benefits of Partnering
The Benefits of Partnering
By James H. Keil
IV. Using Partnering to Manage Construction Disputes
Partnering and the Management of Construction Disputes
By Steve Pinnell
V. Effective Partnering
Practical Tips for Effective Partnering
By Bruce Johnsen
VI. How Partnering Creates Team Players
Team Players- Not"Partners"!-"Partnering" Does Not Create"Partners"
By Robert S. Peckar
VII. The Limitations of Partnering
The Truth About Partnering-Limitations And Solutions
By Allen L.Overcash
Chapter Five: Arbitration
I. Drafting Arbitration Clauses
Dangers in Drafting the Arbitration Clause
By Stanley P. Sklar
II. Effective Construction Arbitration Advocacy
Tips on Advocacy in Arbitration Before an Industry Arbitrator
By Jorge R.Cibran
III. Selecting an Arbitrator
Unilateral Selection of The Arbitrator
By Robert J. MacPherson & Sarah B. Biser
IV. Avoiding Litigation Over Arbitrability
Removing Roadblocks To Arbitration
By Paul M. Lurie
V. Guidelines to Writing Explanatory Awards
The ABCs of Writing a "Reasoned Award"
By James R.Holbrook
VI. Jurisdictional Labor Disputes and Subcontracting
Between the Devil and the Deep Blue Sea-Subcontracting and Jurisdictional Labor Disputes
By Gregory R. Begg
Chapter Six: Mediation
I. Successful Mediation
Recipefor Success in Construction Mediation
By John P. Madden
II. Tips for Better Mediation from the AAA
Mediator Wisdom From The Experts
By James Acret
III. Using Procedure for Effective Mediation
The Importance of Process Design to a Successful Mediation
By Paul M. Lurie
IV. Effective Advocacy in Mediation
Some Guidelines for Effective Advocacy in Mediation
By Howard D. Venzie, Jr.
V. Litigators and Mediation
Should Trial Counsel Represent the Client in Mediation?
By Robert Korn
VI. Experts and Mediation
The Expert's Role in Construction Mediation
By Richard Lamb
VII. Closure Issues
Closure Issues in Construction Mediation
By Howard D.Venzie, Jr.
VIII. Mediators Not Giving Participants What They Want
Construction Attorneys' Mediation Preferences Surveyed-Is There a Gap between Supply and Demand?
By Dean B. Thomson
IX. Mediator Confidentiality and Court Testimony
Danger Looms for Mediation-Mediators Likely To Testify Under Uma Draft
By Mark Appel
Chapter Seven: Large and Complex Case Management
I. Managing the Preliminary Hearing Under Rule L-4
Management of the Preliminary Hearing Under Construction Rule L-4 for Large, Complex Cases
By Anthony E. Battelle
II. Large-Case Management Techniques for Arbitrators
Now is the Time to Control the Big Case
By Allen L. Overcash
III. Selecting a Mediator for a Complex Dispute
Choosing the Right Mediator for a Complex Construction Dispute
By Joseph C. Malpasuto
IV. Effective Mediation Techniques for Complex Cases
Effective Mediation Techniques In Complex Multiparty Synthetic Stucco Cases
By C. Allen Gibson, Jr.
Chapter Eight: International Construction Dispute Resolution
I. Strengths and Weaknesses of the U.S. and English Systems
Comparing Dispute Review Boards and Adjudication
By James P. Groton, Robert A. Rubin & Bettina Quintas
II. Dispute Resolution Advisors in Hong Kong
The Dispute Resolution Adviser as an ADR Method in Hong Kong Construction Disputes
By John W.K. Luk & W.T. Wong
III. Construction Arbitration In The Netherlands
Arbitration In The Building Industry In The Netherlands
By Etienne van Bladel
Chapter One: ADR in the Construction Industry
I. The Broadened Scope of ADR in Construction Disputes
Alternative Dispute Resolution in the Construction Industry
By James P. Groton
II. Revised AIA-A Expands The Use Of ADR
Construction ADR At Its Best: The New AIA A-201 Document
By Howard G. Goldberg
III. Using Hybrid ADR Techniques in Construction Disputes
"Hybrid ADR" in the Construction Industry
By James H. Keil
IV. The Duty to Disclose
Neutral Corner-The Duty to Disclose
By Neil Carmichael
V. Postponement Requests
Neutral Corner-Dealing With Postponement Requests
By Neil Carmichael
VI. Using a Neutral Architect
Dispute Resolution Using a Neutral Architect
By Jack Kemp
Chapter Two: Managing Risk and Avoiding Disputes
I. Identify and Manage Project Risk to Contain Claims
The Key to Claims-Free Projects-Identifying and Managing Construction Project Risk
By Ava J. Abramowitz
II. Preventing Contract Disputes
Strategies to Prevent Construction Contract Disputes
By Luc Picard
III. Industry Guidelines for Avoiding and Resolving Construction Disputes
ASA/AGC/ASC Joint Guideline on the Avoidance and Resolution of Construction Disputes
ASA/AGC/ASC
IV. Tailoring Design-Build Agreements to Avoid and Resolve Conflicts
Avoiding Disputes in the Design-Build Environment
By Michael C. Loulakis
V. Waivers of Consequential Damages
Negotiating Consequential Damages Waivers
By Charles M. Sink
Chapter Three: Dispute Resolution Boards
I. New AAA Protocol for Dispute Resolution Boards
A New Look at DRBs-AAA Offers New DRB Roster and Protocol
By Robert J.Smith & Robert A. Rubin
II. Using Dispute Resolution Boards For Real Time Solutions
Dispute Review Boards: Resolving Construction Disputes in Real Time
By Robert J. Smith
III. Experience with Advisory Dispute Review Boards
Expanding the DRB's Role-The Boston Central Artery Tunnel Project's Experience with Advisory Dispute Review Boards
By Brison S. Shipley
Chapter Four: Partnering
I. The Importance of Trust in the Partnering Process
I Don't Trust You, But Why Don't You Trust Me?
Recognizing the Fragility of Trust and Its Importance in the Partnering Process
By Jeffrey S. Busch & Nicole Hantusch
II. AAA Task Force Guide to Partnering
Building Success for the 21st Century: A Guide to Partnering in the Construction Industry
Report of the Dispute Avoidance and Resolution Task Force of the American Arbitration Association
III. The Benefits of Partnering
The Benefits of Partnering
By James H. Keil
IV. Using Partnering to Manage Construction Disputes
Partnering and the Management of Construction Disputes
By Steve Pinnell
V. Effective Partnering
Practical Tips for Effective Partnering
By Bruce Johnsen
VI. How Partnering Creates Team Players
Team Players- Not"Partners"!-"Partnering" Does Not Create"Partners"
By Robert S. Peckar
VII. The Limitations of Partnering
The Truth About Partnering-Limitations And Solutions
By Allen L.Overcash
Chapter Five: Arbitration
I. Drafting Arbitration Clauses
Dangers in Drafting the Arbitration Clause
By Stanley P. Sklar
II. Effective Construction Arbitration Advocacy
Tips on Advocacy in Arbitration Before an Industry Arbitrator
By Jorge R.Cibran
III. Selecting an Arbitrator
Unilateral Selection of The Arbitrator
By Robert J. MacPherson & Sarah B. Biser
IV. Avoiding Litigation Over Arbitrability
Removing Roadblocks To Arbitration
By Paul M. Lurie
V. Guidelines to Writing Explanatory Awards
The ABCs of Writing a "Reasoned Award"
By James R.Holbrook
VI. Jurisdictional Labor Disputes and Subcontracting
Between the Devil and the Deep Blue Sea-Subcontracting and Jurisdictional Labor Disputes
By Gregory R. Begg
Chapter Six: Mediation
I. Successful Mediation
Recipefor Success in Construction Mediation
By John P. Madden
II. Tips for Better Mediation from the AAA
Mediator Wisdom From The Experts
By James Acret
III. Using Procedure for Effective Mediation
The Importance of Process Design to a Successful Mediation
By Paul M. Lurie
IV. Effective Advocacy in Mediation
Some Guidelines for Effective Advocacy in Mediation
By Howard D. Venzie, Jr.
V. Litigators and Mediation
Should Trial Counsel Represent the Client in Mediation?
By Robert Korn
VI. Experts and Mediation
The Expert's Role in Construction Mediation
By Richard Lamb
VII. Closure Issues
Closure Issues in Construction Mediation
By Howard D.Venzie, Jr.
VIII. Mediators Not Giving Participants What They Want
Construction Attorneys' Mediation Preferences Surveyed-Is There a Gap between Supply and Demand?
By Dean B. Thomson
IX. Mediator Confidentiality and Court Testimony
Danger Looms for Mediation-Mediators Likely To Testify Under Uma Draft
By Mark Appel
Chapter Seven: Large and Complex Case Management
I. Managing the Preliminary Hearing Under Rule L-4
Management of the Preliminary Hearing Under Construction Rule L-4 for Large, Complex Cases
By Anthony E. Battelle
II. Large-Case Management Techniques for Arbitrators
Now is the Time to Control the Big Case
By Allen L. Overcash
III. Selecting a Mediator for a Complex Dispute
Choosing the Right Mediator for a Complex Construction Dispute
By Joseph C. Malpasuto
IV. Effective Mediation Techniques for Complex Cases
Effective Mediation Techniques In Complex Multiparty Synthetic Stucco Cases
By C. Allen Gibson, Jr.
Chapter Eight: International Construction Dispute Resolution
I. Strengths and Weaknesses of the U.S. and English Systems
Comparing Dispute Review Boards and Adjudication
By James P. Groton, Robert A. Rubin & Bettina Quintas
II. Dispute Resolution Advisors in Hong Kong
The Dispute Resolution Adviser as an ADR Method in Hong Kong Construction Disputes
By John W.K. Luk & W.T. Wong
III. Construction Arbitration In The Netherlands
Arbitration In The Building Industry In The Netherlands
By Etienne van Bladel