In business and especially the engineering and construction
industry, time is money. My conversations this year with general
counsel from engineering and construction companies of all sizes
consistently reinforced the ongoing need to improve the
construction arbitration experience for these users. GCs are
looking for arbitrators and advocates who understand business
realities and will streamline the process and make it more
cost-effective. The following advice will help construction
arbitrators and counsel provide GCs the dispute resolution results
they expect.
1. Thinking outside the box: Is there a streamlined alternative
to arbitrating all issues?
Many construction disputes involve competing claims.
Consider whether there is an issue (or issues) that needs
to be adjudicated in order to permit the rest of the claims to be
resolved without going through a full-blown arbitration.
If the parties have a tiered dispute resolution clause and have
gone through
