Weighing Litigation Vs. Arbitration Amid Court Disruptions

Law360 (October 27, 2020, 5:35 PM EDT) -- This spring, major courts around the world suffered delays and temporary closures due to government-imposed COVID-19-related social distancing measures. Many litigants found themselves stuck — unable to advance their cases or, at times, even initiate them.

But as court backlogs persisted, arbitration soldiered on. Private dispute resolution forums kept their doors open, both relying on existing virtual protocols and quickly adopting new ones. As a result, arbitrations saw little, if any, interruption.

These events could cause one to conclude that arbitration — already on the rise[1] — provides the best means to mitigate against the risk of future court disruptions. Historically...

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