Elliot Rosner’s Post

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Principal at Offit Kurman P.A.

One of the benefits of having disputes decided via arbitration rather than litigating in court is that the parties can customize the process in a way that works for them. For example, arbitration has the ability to defy geographic limitations in a way that I and many of my clients have found useful. If a company in Florida has a dispute with another company from Texas and they don't want to waste time and money battling over jurisdiction, or a divorcing couple in California prefers to submit certain issues related to their divorce to a Beth Din in New York with specialized knowledge relevant to their case, an arbitration agreement can give them the flexibility to do so regardless of their location. The borderless nature of arbitration has allowed me to help clients from outside the states where I am admitted to practice (New York and New Jersey) when their disputes bring them before a local arbitration panel, or even one that is physically far away but where my expertise can be helpful. The new era of using Zoom and other virtual platforms for legal proceedings, ushered in by the Covid 19 pandemic, has further expanded the role of arbitration conducted remotely and made it easier than ever for parties to select the forum that is right for them even when they cannot be there in person. By widening the scope of potential forums for dispute resolution, both when drafting an arbitration clause in an initial agreement or when faced with a live dispute, parties can better pick and choose the forum that best meets their needs. #arbitration #litigation

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