The Great Debate: Litigation vs Binding Arbitration of Commercial Disputes

Vanderbilt University Law School


Speaker(s) ,

Monday, April 18, 2016

Vanderbilt University
313 21st Ave. South
Nashville, TN 37203
While binding arbitration has been around for over 200 years, over the past 10 years, more and more businesses, frustrated with the time, expense and unpredictability of litigation, have inserted binding Arbitration clauses into their contracts. Some of the “form” contracts used in areas like construction contain arbitration clauses. There are many pros and cons of binding arbitration, and a decision by a company to use arbitration is significant, and normally businesses look to their counsel for recommendations and advice. This “debate” will pair off two experienced litigators who will each take one ”side” and each has significant experience in arbitration. This presentation has been made all over the country to local/state/national bar associations and industry trade groups. The goal is to, using the “debate” format, illustrate the key issues when it comes to deciding to go to court vs arbitration.