Using Private Judges to Preserve the Status Quo in Construction Arbitration – Annapolis, Maryland

This discussion is focused on parties who select arbitration seated in Annapolis, Maryland and the surrounding DMV region.

When a construction dispute escalates in Annapolis, Maryland, the most important question is often: how do we keep the project from collapsing while we argue about money?

Private judges-arbitrators selected by the parties-can issue interim and partial awards that preserve the status quo:

. Ordering temporary payment arrangements subject to true-up.
. Directing continued performance under protest.
. Protecting evidence and site access.
. Sequencing issues so that threshold questions are decided first.

Courts in the District of Columbia and surrounding jurisdictions routinely enforce such interim awards when they fall within the parties’ agreement and the arbitral rules, consistent with principles in cases like *Stolt-Nielsen S.A. v. AnimalFeeds Int’l Corp.*, 559 U.S. 662 (2010).

This stabilizing function cannot be delegated to software. It requires a neutral who understands both the law and the practical dynamics of construction-someone willing to act quickly and write focused, enforceable orders.

Sincerely,
Zarak O. Ali, Arb.