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Don’t overlook the arbitration solution to commercial court delays

Friday, June 30, 2017 @ 8:37 AM | By Earl Cherniak

This is the second of a two-part series on the crisis in civil litigation.

Commercial cases are more and more frequently resolved by arbitration. Once largely the result of the existence of a dispute resolution clause in the commercial agreement between the parties that mandated arbitration, more recently, due to the delay in obtaining trial dates and the lottery as to who the trial judge will be, parties often opt to have a prospective, or existing, dispute arbitrated.

Given the current crisis, the time has come for...