Kluwer: Haste Makes Waste – Issue Discipline in Construction Arbitration

Construction cases can be tricky: the record is often voluminous, the disputes - modular, and the evidence - diverse in both type and substance. In my experience, the skill that matters most to fair and expeditious resolution of a typical construction case is issue discipline: identifying the crop of questions that truly decide the case – the trees within the wood, holding them in view as the factual undergrowth thickens, and then demonstrating in the award that those questions have been understood and answered.