Originally from:
AAA Handbook on Arbitration Practice - Hardcover
AAA Handbook on Arbitration Practice - Electronic
Preview Page from Chapter 1
Lawyers who advise business entities commonly confront the question of whether to resolve disputes by arbitration. This question usually arises at the time the parties are negotiating a transaction agreement. Often the decision is made, not as a result of any systematic consideration of the merits of arbitration versus a judicial forum, but rather as a result of anecdotal information about good or bad experiences with each process. This article aims to provide the basis for a more systematic consideration of the arbitral versus judicial alternatives.
At least since the early 1990s, arbitration has become more popular with American business, which has been moving away from resolving commercial and business disputes through courtroom litigation and toward arbitration. I use the term “courtroom litigation” to distinguish it from arbitration, which also can be considered a form of litigation, because both processes are adversarial and are conducted before an independent, neutral decision maker. Courtroom litigation is always administered by independent administrative staff, while arbitration is administered by a...
John Henn is an arbitrator, and ADR counsel to Foley Hoag LLP, in Boston, where he was a partner for over 30 years. He serves on the commercial, large complex case, international and national panels of the American Arbitration Association. He also serves as an arbitrator for CRP and FINRA. He has over 40 years of experience in business and commercial litigation and experience as a sole arbitrator and panel chairman.
