Before 2007, frequently used American Institute of Architects construction contract forms provided for arbitration of contract disputes to be administered by the American Arbitration Association. Because of disappointments of some industry members with arbitration, the 2007 AIA contract forms (and the newly introduced ConsensusDOCS contract forms) allow choices between arbitration, litigation or “other” (arm wrestling?). Check the box.
What are the relative merits of arbitration vs. litigation? Here are a few factors to consider: