$56m arbitration award vacated in #construction dispute b/c "arbitrability" question unclear

$56m arbitration award vacated in #construction dispute b/c "arbitrability" question unclear

The law requires “clear and unambiguous” evidence in resolving whether the parties agreed on who should decide arbitrability. Unlike deciding whether a particular merits-based dispute is arbitrable, a party’s silence or ambiguity does not create a presumption in favor of arbitration. The court concluded that the 1999 agreement did not contain any language indicating that the DRB should act as a binding arbitrator on disputes over arbitrability. Therefore, the court held that the DRB was authorized only to make nonbinding recommendations as to arbitrability to the project director who could then, at his discretion, accept, revise, or reject the recommendation.

Full article: http://www.bestpracticesconstructionlaw.com/2013/05/artic...


Attic ventilation question for Joe #green

greenbuildingadvisor.com 30 May '13, 6pm

I have an area above my detached garage that I am trying to finish off into an apartment. I am looking to get some input o...