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Insight Center: Events

EACCNY, 'Using Construction Contracts to Limit Time-Consuming Discovery in Arbitration'

Speaker: Ira M. Schulman

8:00-10:30 AM (ET)
EACCNY, 'Using Construction Contracts to Limit Time-Consuming Discovery in Arbitration'

8:00–8:30 AM | Check-in/networking
8:30–10:00 AM | Program
10:00–10:30 AM | Networking 

A hallmark of arbitration in the United States has been a limited discovery process. But construction litigators know that a “limited discovery process” rarely means that there will be no discovery in the arbitration. In the current fast-paced, document-reliant construction environment, extensive e-discovery is often needed to fully understand the merits of a case because many project teams rely heavily on electronic project management systems and email communications to document and provide insight (and a time stamp) for a multitude of decisions made on a daily basis. Therefore, the potential for staggering costs and extensive delays that often accompany typical document discovery are present in all but the simplest of construction disputes.

Our panel will address strategies for limiting time-consuming discovery in construction arbitrations, as the parties and the arbitral tribunal must balance achieving cost-effectiveness and expediency against ensuring that claims are thoroughly investigated and vetted before issuing a binding award attendant with limited statutory appeal rights.


Pepper Hamilton is a founding member of the EACCNY. For more information on the EACCNY, visit


Pepper Hamilton LLP
The New York Times Building
620 Eighth Avenue, 37th Floor
New York, NY 10018


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