Construction Law Review is an update and discussion of current trends in construction law, published by attorneys at Pepper Hamilton LLP with offices in Philadelphia, New York, Boston, Washington DC, Pittsburgh, Princeton, Wilmington, Silicon Valley, Orange County, Los Angeles, Harrisburg, Detroit, and Berwyn.
The First Division of the Georgia Court of Appeals affirmed a superior court’s decision to confirm an arbitration award against Appellant Gainesville Mechanical, Inc. (“Gainesville”) because Gainesville failed to show that the arbitrator manifestly disregarded the law governing the “modified total cost” approach to damages.
This article attempts to introduce the Prague Rules to U.S.-based practitioners, including practitioners operating within the construction field, by highlighting how the Prague Rules compare to procedures that common law practitioners are more familiar with, and what considerations parties should keep in mind when assessing the costs and benefits of applying the Prague Rules to their disputes. This piece consists of three parts. First, this article introduces some of the more commonly accepted practices seen in international arbitrations concerning the taking of evidence, including the practices set out in the IBA Rules. Second, this article compares and contrasts the IBA Rules and the Prague Rules. Third, this article sets out the considerations U.S.-based firms should keep in mind when assessing how the Prague Rules could impact their international arbitration disputes.
Pepper Hamilton attorneys Albert Bates and R. Zachary Torres-Fowler contributed the United States Construction Arbitration chapter to the Global Arbitration Review (GAR) Know-How series. Launched in 2006, GAR is a leading resource on international arbitration news and community intelligence.
The GAR Know-How series — an online Q&A resource that provides practitioners with guides on various dispute types — invites leading practitioners from key jurisdictions around the globe to answer common questions on topics relevant to international construction arbitration. In the United States Construction Arbitration chapter, Mr. Bates and Mr. Torres-Fowler, summarize the high-level issues commonly raised during international construction arbitrations located in the United States or governed by U.S. laws. The U.S. Construction Arbitration chapter should be a valuable resource for those seeking to better understand the interplay between U.S. laws and international construction arbitration.