Dispelling Dispositive Motion Myths In Arbitration

Many clients prefer arbitration to court litigation for commercial disputes, because arbitration offers advantages like confidentiality, rational disclosure, and subject matter expertise that courts oftentimes cannot provide.

Many of those same parties, however, also mistakenly believe that arbitration lacks one fundamental court benefit—a mechanism for disposing of unmeritorious claims before trial, and even those parties who know that dispositive motions can be made in arbitration oftentimes hold the view—again, mistakenly—that arbitrators never allow them, much less grant them. This article dispels both myths, and offers practical tips for persuading arbitrators to allow dispositive motions in arbitration in appropriate circumstances.