Commercial Arbitration: Winning Over the Skeptics - Chapter 2 - AAA Handbook on Commercial Arbitration, Third Edition
Larry Engel is a Senior of Counsel at Morrison & Foerster, LLP, in San Francisco, California, winding down following 35 years as a partner with a national and international practice. He is a member of the American College of Commercial Finance Lawyers, the American College of Bankruptcy, and the International Insolvency Institute. He is former chair of various ABA Business Law Section committees and task forces and the author of numerous articles on diverse commercial law and bankruptcy topics, including cross-border practice topics.
All parties to a dispute are entitled to a fair and impartial resolution on the merits by a qualified decision-maker who applies the law and rules predictably and without bias. Among such qualifications for a decision-maker are sufficient intelligence and knowledge in order to be able to do better than merely guess about the merits of competing experts or technical evidence on the most important issues. Each type of decision-maker has its critics, including the alternatives of juries, judges deciding without juries, and arbitrators.