Many of the well-known defenses in court do not transcend the boundaries of an arbitration. A case study by Nicole Westbrook in Bloomberg Law highlights the common defenses, waivers, and rules that, when used prudently, can reduce cost and liabilities in arbitration.
In Oct. 2019, a large commercial real estate developer won a complete defense verdict after a three-day arbitration was reduced to one day. Out of the five claims originally brought by the plaintiff, the arbitrator found that not a single one was legitimate.
The decision came more than a year after the case was filed, and at a high financial burden to the vindicated, proving that many of our well-known defenses in court do not transcend the boundaries of an arbitration.
Using this Colorado-based case study, Nicole Westbrook takes aim at several provisions in arbitration that can undermine what is commonly touted as a quicker, cheaper and less complicated alternative to taking a case to court. This Bloomberg Law article reviews the common defenses, waivers and rules of engagement that, when used prudently, can reduce cost and liabilities in arbitration. Nicole Westbrook can be reached at nwestbrook@joneskeller.com.
Click below to read Winning in Arbitration: From Agreement to Trial, as originally published in Bloomberg Law. Subscribers can access at Bloomberg Law.