Originally from Alternatives to the High Cost of Litigation

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The first two articles in this Alternatives series addressed first and foremost the parties, and, indirectly, their counsel. See “Parties, Beware: Current Practices and Judicial Standards Threaten Your Right to Truly Reasoned Awards,” 38 Alternatives 19 (February 2020) (available at http://bit.ly/2uacjmq), and “Parties Usually Benefit Most from Reasoned Awards, Not Standard Awards,” 38 Alternatives 44 (March 2020) (available at http://bit.ly/2Iv6xPQ).

The goal of the first article was to warn parties who find themselves in a domestic arbitration in the United States that they may not get a reasoned award when they ask for one. The second article argued that, on balance, parties will benefit from reasoned awards in most situations, so they usually should ask for them. It also explored the flaws in the two main criticisms of reasoned awards.