Make An Informed Choice About Arbitration

Law360 (March 1, 2018, 6:37 PM EST) -- “We don’t like arbitration. We had a bad experience once.”

In the past few months, two sophisticated in-house counsel for large public companies have made that exact comment to me in explaining why their clients tend to avoid arbitration clauses. I think that’s a mistake, and I’d like to explain why that objection and some others that I quote below are ill founded. Herewith some unsolicited advice for corporate lawyers, especially in-house counsel.

First, a bit about my perspective. I’ve been a commercial litigator for over 25 years. While most of my practice is in one or another kind of court,...

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