John Worden co-authored “Arbitration Intoxication: Alternatives to Arbitrating Securities (and Other) Disputes” in the Federation of Defense & Corporate Counsel (FDCC) Commercial Litigation Section Update for March 2020. The following is an excerpt:
Arbitration is perfect for some kinds of disputes. It is a problematic process for others. And, contrary to popular nomenclature before Congress, arbitration is not always plaintiff-hostile and defendant-friendly. Although there are many instances where a corporate defendant would be well served by the arbitration process, often they would receive a faster, cheaper and more judicious resolution of their claims in the jury system. Nonetheless, too often corporate clients refuse to consider the jury system even when it will be most advantageous for them to do so, and nowhere does this dichotomy exist more than in the FINRA/Securities Arbitration area. The purpose of this article is to shed light on instances where our corporate clients’ interests are disserved by rigid adherence to a pro-arbitration mantra.
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