Litigation & Arbitration,
Alternative Dispute Resolution
Jan. 15, 2011
Arbitration on Trial
Arbitration continues to face challenges as an alternative to litigation.
Lawrence Waddington
Neutral, JAMS
Email: waddington1@aol.com
Lawrence is a retired Los Angeles County Superior Court Judge and former assistant attorney general for the state of California. He is author of "Disorder in the Court" at Amazon.com. He also edits the 9th Circuit blog, "The 9th Circuit Watch."
Challenges to arbitration have historically focused on the language of the arbitration clause, its existence, scope of coverage, and enforcement of its provisions. Yet the U.S. Supreme Court and California courts continue to endorse arbitration as a viable alternative to litigation. Although the courts in 2010 continued to resolve conventional objections to arbitration, the parties have also shifted their interest to collateral issues of this format for dispute resolution.
During...