Arbitration in Trusts

Because arbitration is often faster, cheaper, private and more convenient than litigating disputes in court, mandatory arbitration clauses have long been a mainstay in a variety of commercial contracts.  Additionally, the parties’ ability to choose an arbitrator with expertise in the particular area of law at issue often adds significant benefit. In the context of commercial contracts, however, there have been concerns over potential bias in favor of “repeat customers”—that arbitrators might find for the company perceived as likely to arbitrate more cases down the road or regularly come out against individual consumers who are unlikely to litigate additional arbitration…

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