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Clients turn to Albert Bates, Jr. to resolve U.S. and international construction disputes. Albert is known for his ability to quickly identify and address complex legal and business issues for clients, including on multibillion-dollar mega projects.

This article was published in Mealey’s International Arbitration Report – March 2021. Copyright 2021, LexisNexis. All rights reserved. It is reprinted here with permission.

On February 15, 2021, the International Bar Association (IBA) released the long-awaited 2020 update to its highly influential Rules on the Taking of Evidence in International Arbitration (“IBA Rules”). Known for their flexibility and practical blend of common law and civil law traditions, the IBA Rules have come to reflect the most common practices in international arbitration proceedings over the past two decades. The 2020 update is important because, prior to the 2020 update, the IBA Rules had only been revised once, in 2010, after first being formalized in 1999. As a result, given the prevalence of the IBA Rules, the 2020 update is likely to remain the benchmark standard for international arbitration practice for the next decade.


Continue Reading 2020 Updated to the IBA Rules: Modest Changes for Challenges New and Old

Published in Law360 on February 25, 2021. Reprinted here with permission.

On Feb. 15, the International Bar Association released the long-awaited update, adopted by the IBA Council on Dec. 17, 2020, to the IBA Rules on the Taking of Evidence in International Arbitration.[1]

First formalized in 1999, the IBA rules have become the most widely accepted set of guidelines for international arbitration proceedings. Known for their flexibility, practicality, and blend of common law and civil law practices, the IBA rules are commonly used to fill in the procedural gaps left by arbitral rules and represent basic norms that parties have come to expect from international arbitration.
Continue Reading Int’l Arbitration Rules Revision Reflects Flexible Approach

Mealey’s International Arbitration Report – Nov. 2020
[Editor’s Note: Copyright
# 2020, LexisNexis. All rights reserved.]
Commentary by Troutman Pepper Partner Albert Bates, Jr.

Mealey’s International Arbitration Report recently asked industry experts and leaders for their thoughts on what events had an impact on global economy that have led to an increase in filings. We would like to thank the following individuals for sharing their thoughts on this important issue.

  • Sarah Reynolds, Partner, Mayer Brown, Chicago
  • Peter A. Halprin, Partner, Pasich LLP, New York
  • Helen Conybeare Williams, Counsel & Solici­tor Advocate, Haynes and Boone LLP, London
  • Sandra Smith Thayer, Partner, Pasich LLP, Los Angeles
  • Lisa Houssiere, Principal, McKool Smith, Houston
  • Gene Burd, Partner, FisherBroyles, Washington
  • Albert Bates Jr., Partner, Troutman Pepper, Pittsburgh
  • Charlie Lightfoot, Co-chair of International Arbitration Practices and Managing Partner, Jenner & Block, London
  • Thomas Wingfield, Associate, Jenner & Block, London.
    Continue Reading International Arbitration Experts Discuss The Impact On The Global Economy

As published in Dispute Resolution Magazine, Volume 26, Issue 3, September 2020.

Imagine a complicated engineering and construction project that has lasted years and has already cost hundreds of millions of dollars. During the project, the contractor submitted dozens of claims for additional time and money – all of which the project’s owner has rejected. Amid mounting costs, claims from various subcontractors and suppliers boiling to the surface, and the threat of liquidated damages or even termination of the project, the contractor proceeds without receiving any relief from the owner. Although the parties have tried to resolve their disputes through negotiation and even mediation, they have not been able to reach an acceptable settlement. The contractor says it has incurred significant costs to perform the work and feels it is essentially funding the owner’s changes to the project. The owner, however, says the disputed issues are the contractor’s, not the owner’s risk. Accordingly, without a dispute resolution mechanism in place to resolve these disputes in real time, the costs continue to mount, and the prospect of a lengthy, expensive, and protracted arbitration or litigation looms.
Continue Reading Dispute Boards: An Approach to the Efficient Resolution of Disputes in the Construction Sector

Albert Bates and R. Zachary Torres-Fowler were published in gar insight with their article, “GAR Know How Construction Arbitration.”

This chapter summarizes issues commonly raised during international construction arbitrations seated in the United States or governed by U.S. laws. This chapter should be a useful resource for those seeking to better understand the

Albert Bates, Jr. and Danielle J. Volpe were published in Mealey’s International Arbitration Report with their article, “Zooming Ahead: Challenges and Considerations for Virtual International Arbitration Proceedings in the Wake of COVID-19 Pandemic.”

Danielle Volpe is a former associate of Troutman Pepper who recently became the General Counsel of Posillico Construction.

In the July 2020 edition of Mealey’s International Arbitration Report, Albert Bates Jr., a partner in Troutman Pepper’s Pittsburgh office and head of the firm’s International Construction Projects Practice, offers his thoughts on developments in the field of international arbitration and the question of whether practitioners expect parties to continue to utilize the traditional

Published in Dispute Resolution Journal (June 2020, Vol. 74, No. 3), the flagship publication of the American Arbitration Association. © 2020, American Arbitration Association. It is reprinted here with permission.

EXCERPT:

“There is a deceptive simplicity about the way in which arbitral proceedings are conducted… In fact, the appearance conceals the reality.”

Introduction

Arbitration is simple. Parties select a person or persons — the arbitrator(s) — whose expertise or judgment they trust to resolve their differences in a privatized forum. After each party puts on their case, the arbitrator(s) consider the arguments and evidence and renders a binding decision.
Continue Reading Internationalizing Domestic Arbitration: How International Arbitration Practices Can Improve Domestic Construction Arbitration

The U.S. Supreme Court issued a unanimous decision on June 1 in GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC, holding that, in some circumstances, even nonsignatories to an agreement may invoke international arbitration. The Court ruled that the U.N. Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) did not prohibit the application of the U.S. doctrine of equitable estoppel to permit the enforcement of arbitration agreements by nonsignatories. In doing so, the Court clarified that the doctrine of equitable estoppel recognized under Chapter 1 of the Federal Arbitration Act (FAA) for U.S. domestic arbitrations could also be applied to international arbitration proceedings governed by Chapter 2 of the FAA.

For parties who regularly engage in multi-tiered international commercial arrangements like the kind seen in GE Energy, the ruling expands the reach of international arbitration agreements and gives those parties greater clarity into their own ability to utilize international arbitration to resolve complex disputes.
Continue Reading Supreme Court Interprets New York Convention to Allow Arbitration Agreement Nonsignatories to Invoke International Arbitration