Dispute Boards: A Different Approach to Dispute Resolution

Albert Bates photo
Albert Bates Jr.
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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”

New International Arbitration Study Offers Construction Dispute Insight

This article was published in Law360 on December 4, 2019. © Copyright 2019, Portfolio Media, Inc., publisher of Law360. It is republished here with permission.
Albert Bates photo
Albert Bates Jr.
torresr_thumb
R. Zachary Torres-Fowler

On Nov. 21, the Queen Mary University of London School of International Arbitration, in partnership with the U.K.-based law firm Pinsent Masons LLP, released its ninth annual international arbitration survey focused on international construction disputes.

As a nod to the significance the construction industry plays in the field of international arbitration, the 2019 Queen Mary University survey marks the largest industry-specific survey its School of International Arbitration has ever conducted and offers insights that will undoubtedly be used for years to come.

While the survey data and accompanying report provide a granular level of analysis concerning a wide variety of topics, below are some of the key takeaways of interest to U.S. practitioners.

Continue reading “New International Arbitration Study Offers Construction Dispute Insight”

Expanding Disclosure in International Arbitration: Sixth Circuit Rules That 28 U.S.C. § 1782 Permits Parties to Pursue Discovery in Support of Private Commercial International Arbitrations

Abdul Latif Jameel Trans. Co. v. FedEx Corp., No. 19-5315 (6th Cir. Sept. 19, 2019).

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

In the world of international arbitration, where document disclosure is already relatively limited compared to practices in federal and state court, 28 U.S.C. § 1782 — titled “Assistance to foreign and international tribunals and to litigants before such tribunals” — has been a commonly overlooked tool for obtaining useful evidence in support of an international arbitration. In broad strokes, the statute permits a federal district court to require a person within the district to provide documents or testimony for use in a proceeding in a “foreign or international tribunal.”

Continue reading “Expanding Disclosure in International Arbitration: Sixth Circuit Rules That 28 U.S.C. § 1782 Permits Parties to Pursue Discovery in Support of Private Commercial International Arbitrations”