Moye White Partner David Arkell had an article published in ENR magazine (Engineering News-Record), “Viewpoint: Arbitration Agreements Can Create Uncertainty in Construction Contracts.” The article appeared online and in the October 31 national print edition. We have all heard many times that arbitration is a contractual or consensual process. That is, the parties need to agree in writing to arbitrate their disputes in order for one party to require another party to arbitrate. No signed agreement, no arbitration.
