ADR for Construction Disputes During COVID-19: How to Manage Dispute Resolution Before and After the Dust Settles

Albert Bates photo
Albert Bates Jr.
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R. Zachary Torres-Fowler

Days after the World Health Organization declared the COVID-19 outbreak a global pandemic, governments from around the world scrambled to enact measures aimed at mitigating the spread of the virus. In the United States, cities and states have enacted travel restrictions, issued shelter-in-place orders, and directed nonessential businesses to shutter. While all aimed at mitigating the spread of the virus, these measures will have an immense disruptive impact on businesses and industries around the world — the construction sector included. Continue reading “ADR for Construction Disputes During COVID-19: How to Manage Dispute Resolution Before and After the Dust Settles”

The Seoul Protocol: Guidelines for Remote Arbitration Hearings During the COVID-19 Outbreak

Albert Bates photo
Albert Bates Jr.
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R. Zachary Torres-Fowler

As the COVID-19 pandemic continues to upend carefully choreographed arbitration schedules, parties, counsel and arbitrators have expressed interest in the use of video-conferencing technology to manage remote arbitration hearings. And while arbitration is no stranger to video conferencing, the arbitration community has never sought to utilize this technology on the scale being imagined today. As a result, counsel and arbitrators have clamored for guidance on how to effectively structure and manage remote arbitration proceedings. Continue reading “The Seoul Protocol: Guidelines for Remote Arbitration Hearings During the COVID-19 Outbreak”

Dispute Boards: A Different Approach to Dispute Resolution

Albert Bates photo
Albert Bates Jr.
torresr_thumb
R. Zachary Torres-Fowler

With the signing of the United Nations Convention on International Settlement Agreements Resulting from Mediation in August 2019, there has been a newfound focus on how parties can improve and expand the use of alternative forms of dispute resolution outside conventional litigation and arbitration proceedings.  Pepper Hamilton attorneys Albert Bates and R. Zachary Torres-Fowler contributed the Dispute Boards: A Different Approach to Dispute Resolution chapter to the 2020 Special Issue of The Comparative Law Yearbook of International Business. The chapter introduces the concept of “dispute boards,” a common dispute resolution method in the construction industry, to a wider audience. Continue reading “Dispute Boards: A Different Approach to Dispute Resolution”