Arbitration Dilemma: What if You Do Not Have a Willing
Dance Partner?
Written by litigator and mediator
Irvin Schein and originally published at
irvinschein.com.
It has now become commonplace for commercial agreements to
include mandatory arbitration clauses. Where a party to such a
contract seeks to litigate a dispute under such an agreement, the
other party should be able to get the lawsuit dismissed on the
basis that the dispute must be arbitrated and cannot be litigated
in court.
Typically, arbitration clauses are included in agreements at a
time when the parties to the agreement are looking forward to a
contractual relationship that is harmonious and cooperative, or at
least civil and businesslike. Unfortunately, when a dispute arises
so that the arbitration clause becomes relevant, normally the
attitude of each party towards the other will be very
different.
