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Friday, August 27, 2021

Improving Arbitration By Private Right of Appeal

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The belief that there can be no appellate remedy for erroneous arbitration awards is widespread but mistaken. Granted, the Federal Arbitrati...
Thursday, August 12, 2021

Meet D1's Neutrals Series: PATRICIA H. THOMPSON

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Company: JAMS Office Location: Miami, Florida Email: pthompson@jamsadr.com Website:  https://www.jamsadr.com Law School: Vanderbilt...
Monday, June 21, 2021

Meet D1's Neutrals Series: KENNETH R. KUPCHAK

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Company:  Damon Key Leong Kupchak Hastert Email:   krk@HawaiiLawyer.com Website:   https://hawaiilawyer.com/ Law School: Cornell University...
Friday, June 11, 2021

Mastering Rule 30(b)(6) and the New Confer-in-Good Faith Requirement for Construction Corporate Representative Depositions

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The recent amendment, effective December 1, 2020, to Federal Rule of Civil Procedure 30(b)(6), provides: Before or promptly after the notice...
Friday, June 4, 2021

What to become a AAA Arbitrator / Mediator? But don't know how? Join Us on June 30th at 3PM ET

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Have you ever thought about what it would take to serve as a Construction Arbitrator or Mediator? Do you think you have to wait until the en...
Wednesday, June 2, 2021

Return on Investment of Construction Claims: How to Best Advise Clients on Legal Strategy in Construction Claims

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On March 31, 2021, Division 1 held a program with DPA on Construction Claims. The program focused on process from the start of the claim thr...
Tuesday, June 1, 2021

What's Up at Division 1 (No. 11)

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Our May Toolbox Talk Series was great last month.  David Ponte and Joe Wallwork from Nautilus discussed discovery tips in Delay Claims.  The...
Friday, May 7, 2021

Hear from the Pros: Using Zoom for Pre-Mediation Activities to Achieve Earlier Settlements

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In the 2020 Winter issue of  Under Construction , two of our D1 members, Paul M. Lurie and Robyn L. Miller, discussed  Using Zoom for Pre-Me...
Friday, April 30, 2021

What's Up At Division 1 (No. 10)

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Happy Law Day! Did you know that tomorrow, May 1st, is Law Day?  Do you know that Law Day was created by the American Bar Association? Well ...
Thursday, April 29, 2021

AAA Releases Discovery Best Practices for Construction Arbitration

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 The American Arbitration Association (“AAA”) recently released an important new document, “ Discovery Best Practices for Construction Arbit...
Thursday, April 8, 2021

Next Toolbox Talk Series -- April 22nd at Noon -- Virtual Testimony: Lessons Learned from the Arbitrator's Perspective

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  REGISTER Now that we have been living with virtual testimony on a more regular basis for one year, there are truly well-developed lessons ...
Monday, April 5, 2021

Privilege Walk -- April 29 at 3PM ET

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Join us on April 29th for the Division 1 Privilege Walk.  We are partnering up on this program with Division 13, the Forum's Diversity +...
Thursday, April 1, 2021

Servotronics, Inc. v. Rolls-Royce PLC: What the U.S. Supreme Court’s Upcoming Decision on 28 U.S.C § 1782 Means for International Construction Arbitration

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On March 22, 2021, the U.S. Supreme Court announced that it would consider the hotly contested issue of whether 28 U.S.C. § 1782 (“ Section ...
Wednesday, March 31, 2021

What's Up at Division 1 (No. 9)

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It's Springtime and Division 1 is hard at work on a number of programs and ventures which I will highlight in this month's post.   W...
Monday, March 22, 2021

A Brief Update on the Mexican Government Contract Litigation System

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The Mexican legal system treats differently disputes with respect to civil contracts (those executed by and between individuals) and dispute...
Wednesday, March 17, 2021

Neutral Evaluation Mediation Agreements

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Often parties select a mediator with deep knowledge of the subject matter in dispute, only to conclude that the typical mediation format doe...