Construction Super Conference 2018

Although the AAA and JAMS rules that govern the majority of construction arbitrations in the US have not materially changed over the years, in the last decade or so the parties and/or the arbitrators appointed under those rules are increasingly adopting procedures from international arbitration. The most prominent are pre-filed direct testimony with limited direct testimony and hot-tubbing of experts as well as more limited and streamlined discovery. This session will provide a lively examination of the international procedures that appear to be migrating into the US construction arbitration practice as well as the traditional and ingrained US procedures they replace. This will be a provocative discussion that candidly examines the potential advantages and possible pitfalls of the arguably competing approaches and what approach or blending of procedures best suit the parties and the dispute resolution in the US or on a particular project..

Upon completion of this session, participants will be able to:

• Understand the established procedures in international arbitration procedures that making their way into US domestic arbitrations.
• Hear from practitioners and principals about challenges to the US model, such us extended discovery and long and costly hearing.
• Understand the key international procedures that have been imported, how they work and the advantages and disadvantages of those procedures generally and in particular circumstances.