Arbitration

Because of the increasing recognition of arbitration’s potentially large costs and length, it is now frequently referred to as the "new litigation." In many respects similar to court proceedings, it is a process in which a neutral third party (either a single arbitrator or a panel of three arbitrators) hears testimony and makes a decision as to who wins or loses, Accordingly, we rarely recommend it as the dispute resolution technique of our first choice.

But there are many situations where it is unavoidable and others where it is desirable. The most common undesired arbitration occurs when the dispute grows out of a contract with a standard, boiler plate arbitration clause which the parties signed on a wave of good feeling and optimism and without a thought in the world that they would ever need to use it. Moreover, in international disputes arbitration is frequently considered to be essential in order to obtain a neutral, non–biased forum and an enforceable award.

Moreover, the process is not without many proponents and admirers and can most often be a far more attractive alternative than going to court. By careful advance planning, the length and cost can be controlled and we can help you draft agreements, both before and or in connection with an arbitration, which will accomplish this. And parties can choose arbitrators who have an understanding of the subject matter of their case, and who are able to streamline discovery and other pre–trial practices to save time and money for the participants. Moreover, unless otherwise provided, arbitration decisions are binding, and only subject to reversal by a court on extremely narrow grounds, so that costly appellate practice is normally eliminated.

So for those who come to us with disputes controlled by arbitration clauses or which, for special reasons require arbitration, and/or for those who have come to be admirers of the process, we are available and ready to serve you here, too.