Benefits & ERISA Law

An Emerging Consensus on Arbitrating Complex Commercial Disputes?

Well, I have written extensively on my skepticism about commercial arbitration as a tool for solving commercial disputes, and my belief that the courtroom is a better forum for most complex cases. It would take a lot of links to cover my past discussion of the pros and cons of this type of dispute resolution, and my reasons for thinking it a far weaker forum for a dispute between corporate entities than the courthouse. If you click on the category 'Arbitration of Coverage Disputes' or the category 'Arbitration' over on the left side, however, you will quickly find my past discussions of this topic. If you don't want to do that, however, you could read this article here, which nicely sums up the same calculus that underlies my earlier posts on the efficacy, and sometimes lack thereof, of commercial arbitration.

Full post as published by Boston ERISA Law Blog on September 01, 2010 (boomark / email).