April 20, 2020 Articles

Should a Judge, Jury, or Arbitrator Decide Your Complex Commercial Case?

This important decision will set the tone for the balance of the case, and equal consideration should be given to each available alternative.

By Bryan Gottfredson and Michael Harris

In many complex commercial cases, the determination of who will decide the fate of a party has already been established by preexisting contractual provisions. Perhaps the drafters of the complex agreements at issue have already dictated that a jury trial will be waived or that the parties must proceed to resolve their disputes via a specific and thoughtful arbitration procedure. However, in many instances, who will resolve many, if not all, of the disputed issues between the parties is left to the parties and their counsel to determine after the dispute has arisen and very early in the litigation. This important decision must be made promptly, but only after consideration of all the prevailing factors.  

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