Originally from Alternatives to the High Cost of Litigation

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The modern pace of legal practice and the gradual assimilation of arbitration into litigation has led to many losses. One of the most notable concerns diminished levels of knowledge about the past.

Language is a dangerous thing in dispute resolution. To state the obvious, many disputes stem from misunderstandings, some deliberate, others quite accidental.

The January Henry Schein U.S. Supreme Court case, however, discussed one topic where the United States uses a common arbitration term, “arbitrability,” in a completely different way than Europe and most other arbitration centers. Henry Schein v. Archer & White Sales, 139 S. Ct. 524 (2019) (available at https://bit.ly/2CXAgPw).