arbitration Archive

Federal Arbitration Act Trumps Class Actions: Arbitration Agreements Mean What They Say

The U.S. Supreme Court in a 5-4 Decision authored by Justice Gorsuch recently found in favor of employer (not employee) rights when enforcing arbitration agreements. The Supreme Court ruled that employees could not ignore individual arbitration agreements and band together to challenge wage and hour or other labor law violations. The Court pointed out that […]

Arbitrator Subpoenas: Are They Worth The Paper They Are Printed On?

Construction lawyer Don Gregory presented alongside Houston attorney Bill Andrews at a recent American Arbitration Association (AAA) webinar, discussing the effectiveness of arbitrator subpoenas to third-party witnesses and related issues. The presenters offered an overview of AAA rules, arbitrator authority, court territorial restrictions, and permissibility of pre-hearing third-party discovery by subpoena. Additionally, the construction lawyers […]

Cost Controls + Alternatives to Litigation

When faced with litigation, whether pursuing a contractor or owner that failed to pay you, or whether you are being pursued for payment, there are many options available which may help reduce time, expenses and delays associated with traditional litigation. Here are four to consider: 1. Mediation Mediation is a non-binding settlement negotiation conduced with […]

Construction Lawyer: Problem or Problem Solver? The Need for Cost-Effective Dispute Resolution in the Construction Industry

As alternative dispute resolution—negotiation, mediation, arbitration—becomes more prevalent in the construction industry, construction lawyers find themselves in unfamiliar roles. The way construction disputes are resolved has changed dramatically. Don Gregory and Peter Berg argue construction lawyers should be focused on problem-solving, by partnering with their clients and by being cost-effective advocates. The best construction lawyer […]