What To Know When Making Dispositive Motions In Arbitration

Law360 (September 9, 2020, 3:42 PM EDT) -- Courts and arbitrators across the nation, faced with pandemic-generated, unprecedented backlogs, seem more willing to entertain docket-clearing motions.

For some practitioners, dispositive motion practice in arbitration presents a new challenge. Yet, dispositive motions have existed in arbitration almost as long as arbitration itself. Now, however, parties appear to be truly embracing them.

Recently, arbitrators have witnessed an increase in requests for leave to file dispositive motions as parties dealing with the economic fallout of the pandemic attempt to resolve disputes more quickly, efficiently and cost-effectively.

As more practitioners turn to arbitration to resolve disputes, they increasingly look to dispositive motion practice...

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