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

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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”

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”

Alaska’s Supreme Court Holds That Executing a Settlement Agreement Releases Parties from Contractual Obligation to Arbitrate Disputes

SMJ Gen. Constr., Inc. v. Jet Commer. Constr., LLC, No. S-16785/16985, 2019 BL 131640 (Alaska Apr. 12, 2019)

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Ryan R. Deroo

In 2016, Jet Commercial Construction, LLC (“Jet”) entered into a subcontract with SMJ General Construction, Inc. (“SMJ”) to supply materials and labor for the construction of a restaurant in Hawaii.  The subcontract contained a dispute resolution provision that required the parties to first mediate any dispute and then submit it to arbitration if mediation was unsuccessful.  It also included a choice-of-law and venue provision designating Oklahoma Law and the courts of Cleveland County, Oklahoma for any lawsuits pertaining to the Agreement’s enforcement.

Continue reading “Alaska’s Supreme Court Holds That Executing a Settlement Agreement Releases Parties from Contractual Obligation to Arbitrate Disputes”