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Arbitration, Mediation & Dispute Resolution
Arbitration, Mediation & Dispute Resolution
Recent Issues
ARBITRATION DEMAND NOT EXTINGUISHED BY STATUTE OF REPOSE
Although an arbitration clause required that demands be filed within the time limits of the applicable statute of limitations, the clause made no mention of the applicable statute of repose. Consequently, claims were not extinguished by that statute.
SUMMARY OF CPR RULES FOR EXPEDITED ARBITRATION FOR CONSTRUCTION DISPUTES
By
J. Barry Grove
With hopes of curbing lengthy and costly court and arbitration proceedings, the Conflict Prevention & Resolution (CPR) Institute offers new rules to expedite the arbitration process in construction disputes.
THE SOCIETY OF CONSTRUCTION ARBITRATORS — 100-DAY ARBITRATION PROCEDURE
The Society of Construction Arbitrators (United Kindgom) released in July 2004 its
100-Day Arbitration Procedure
. This is an admirable attempt to set schedules and reign in the prohibitive costs of dispute resolution. We think the American Arbitration Association should consider something similar as an alternative to its current "Fast Track" and regular procedures.
NON-PARTY ISSUES
Recently, we covered a case in which a "non-party" to an arbitration was able to rely on the arbitrator’s ruling on the issues in dispute before the arbitrator, and could not be sued in a separate legal action. Here are two additional cases involving non-party issues.