Jeff Leon writes the second in a two-part series on court vs. commercial arbitration after COVID-19 and adapting to the virtual in The Lawyer's Daily. Jeff looks at the new issues the pandemic has created in the debate on the pros and cons of court litigation versus arbitration. In part two, he looks at how to deal with the backlog created by the pandemic.
Jeff writes that in the short run, and likely the medium run, "parties — particularly commercial parties — and their counsel should consider seriously the notable advantages that can be achieved by moving their dispute from court to arbitration. Also, courts should recognize that it is in their interest and in the parties’ interests in many instances for the courts to encourage and assist to facilitate the move."
This article was originally published by The Lawyer’s Daily, part of LexisNexis Canada Inc.