To all our friends with international projects, partners, or contracts, please take note of some significant changes to one of the potential sets of procedures and rules that may govern or apply to your international dispute. The International Centre for Dispute Resolution (ICDR) recently amended its Dispute Resolution Procedures (including its Arbitration and Mediation Rules),

Carly Miller
Carly Miller is a litigator representing clients in a variety of industries, with a focus on construction, government contracting and energy. She has experience in construction disputes, in both litigation and arbitration, across the United States and abroad, including Alabama, California, Tennessee, Illinois, Oklahoma, South Carolina, Texas, Arizona, Puerto Rico, Panama, Mexico and Chile. Carly also advises construction clients in contract negotiation and contract administration during the performance of construction contracts. View articles by Carly.
Sooner Is Better than Later
For our friends who litigate (or arbitrate!) in Alabama, take note of this recent Alabama Supreme Court decision. Although not a construction case, this recent decision dramatically illustrates what not to do if you want to arbitrate your dispute, as is the preferred dispute resolution mechanism in many design and construction contracts. In The Health…
Posture Away, You May Still Get Your Way
The Sixth Circuit recently reversed a decision from an Ohio federal court related to whether a party waived its arbitration rights through posturing correspondence written prior to the filing of litigation or arbitration. In Borror Property Management, LLC v. Oro Karric North, LLC (No. 2:19-cv-04375), the Sixth Circuit upheld the defendant’s contractual right to arbitration…