ConstructionPro Week, Volume: 2 - Issue: 48 - 11/29/2013

Do Arbitration Panels Just Tend to ‘Split the Baby?'

By Steve Rizer

 

“I’ve always heard that arbitration panels just tend to ‘split the baby.’ Is that your experience?” This is one of the questions that Navigant Construction Forum Executive Director James Zack fielded during the “Q&A” segment of “Trends in International Construction Arbitration,” a 90-minute webinar for which a recording recently was added to the ConstructionPro Network (ConstructionProNet.com) Download Library -- free of charge for members.

 

In answering this question, Zack told the webinar audience that in 42 years as a claims consultant, he only has been involved in “maybe one or two cases” in which he saw a 50-50 split. And in one such case, “I did not end up believing they just split the money. I think the issues that were found for and against my client happened to be priced out in such a way that they came out 50-50.”

 

Zack said that “people who have well-documented claims," -- and they can prove the entitlement, causation, and rational approach to damages -- are more likely to prevail, and so I have not seen a whole lot of split decisions coming down out of arbitration cases.”

 

About a year ago, Navigant Construction Forum released a 32-page research perspective, entitled “Trends in International Construction Arbitration,” which Zack authored. Here are a few of the report’s major conclusions:

  • A majority of international corporations have formalized internal policies on dispute resolution in order to minimize dispute escalation, control costs, and promote consistent internal policies. Most corporate dispute-resolution policies favor arbitration, have a strong preference concerning the choice of governing law, prefer specific arbitral institution rules (versus ad hoc arbitration rules), prefer a specific seat of arbitration, and mandate confidentiality of issues in arbitration.
     
  • International arbitration is growing, with virtually all arbitral institutions reporting a growth in cases filed year after year.
     
  • Well over half of in-house legal counsel do not use existing retained legal counsel for international arbitration but seek out specialists in this field. In-house legal counsel generally agree on the attributes they are looking for in legal counsel for international arbitrations and their selection criteria.
     
  • In-house legal counsel are also remarkably consistent when asked what the top influences are when it comes to selecting arbitrators.
     
  • Likewise, in-house counsel are very consistent in their choice of governing law for international arbitration and consider this decision paramount when considering law, institution, and seat.

To inquire about obtaining a copy of the report, call Navigant Consulting Inc. at (800) 621-8390.

 

For immediate access to the complete webinar (full audio and visual) -- as well as nearly three dozen other construction-related webinars that are available for download -- sign up to become a member of WPL Publishing’s ConstructionPro Network, a complete training, education, and development resource for the construction industry, at http://constructionpronet.com/info/Charter2012.aspx.

 

COMMENTS

Your method of telling the whole thing in this post iis actually pleasant, aall be able to simply know it, Thanks a lot.
Posted by: Heymann - Wednesday, December 11, 2013 4:16 AM


These are genuinely great ideas in on the topic of blogging.

You have touched some pleasant factors here. Any way keep

up wrinting.
Posted by: Castro - Thursday, December 12, 2013 8:50 PM


Wonderful gooxs from you, man. I have be mindful your stuff

previous to and you're just extremely fantastic.

I really like what you've obtained here, certainly like what you're saying and the best

way wherein you assert it. You are making it

enjoyable and you continue to take care of to keep it wise.

I cant wait to read much more from you. That is really a great site.
Posted by: Wardill - Thursday, January 02, 2014 3:06 PM


Would someone please explain this info like I'm 4?

heh
Posted by: Casimaty - Wednesday, January 15, 2014 6:41 AM


Crimes can range from murder to sexual assault to fraud.

However, it probably wouldn't have mattered to any extent if I had had

all of witnesses available. Radithor was a bottled health beverage sold to American sports elites in the roaring twenties.
Posted by: Flanagan - Friday, January 31, 2014 6:44 PM


I love what you guys are up too. Such clever work and reporting!

Keep up the terrific works guys I've added you guys to my

personal blogroll.
Posted by: Keaton - Wednesday, February 05, 2014 9:22 AM


I_m not that much of a online reader to be honest but your

blogs really nice, keep it up! I'll go ahead and bookmark your site to come back

in the future. Cheers
Posted by: Tepper - Friday, February 14, 2014 1:51 PM


Heya i am for the primary time here. I came across this board and I in finding

It really useful & it helped me out much. I hope to present something again

and aid others such as you helped me.
Posted by: Sargent - Saturday, March 01, 2014 2:28 AM


WOW just what I was searching for. Came here by searching for l�na pengar
Posted by: Suttor - Tuesday, March 04, 2014 7:49 PM


Hello Dear, are you in fact visiting this site on a regular

basis, if so after that you will definitely obtain fastidious experience.
Posted by: Urner - Tuesday, April 15, 2014 4:33 PM


I'm amazed, I must say. Seldom do I come across a blog that's both educative and engaging, and without a doubt, you have

hit the nail on the head. The problem is something which not enough men and women are

speaking intelligently about. Now i'm very happy that I

found this in my search for something regarding this.
Posted by: Matlock - Tuesday, April 15, 2014 6:40 PM


We absolutely love your blog and find a lot of your post's to

be exactly I'm looking for. Does one offer guest

writers to write content in your case? I wouldn't mind writing

a post or elaborating on some of the subjects you write with regards to here.

Again, awesome web log!
Posted by: Hilderbrand - Sunday, April 27, 2014 1:46 AM


This text is worth everyone's attention. When can I find out more?
Posted by: O'Sullivan - Monday, May 05, 2014 2:25 PM


I visited multiple sites but the audio feature for audio songs

present at this website is truly fabulous.
Posted by: Easty - Saturday, February 06, 2016 10:48 PM


 









WPL
PUBLISHING CO, INC.
WPL Publishing - 5750 Bou Avenue #1712 - Rockville, MD 20852

Phone: (301)765-9525  -  Fax: (301)983-4367

All Content and Design Copyright © 2018 WPL Publishing
About Us

Contact Us

Privacy Policy

My Account