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How does one thoughtfully weigh the pros and cons of arbitrating a commercial litigation dispute? Are there ways to reduce some of the downsides to private arbitration? Listen to Episode 8.

Managing litigation risks includes thinking about the process and forum by which commercial disputes will be resolved. Yet, there is no consensus among business transactional and trial lawyers on whether arbitration provisions are advantageous in most commercial transactions. In this episode, I interview my longtime mentor and New York City-based partner, Richard Silberberg as we tackle the topic of arbitration provisions and discuss how to approach the question of whether and how to agree to an arbitration.


Further resources

More on this topic can be found here:

  • More information on Richard Silberberg can be found here.

  • Read the ABA Litigation Journal article mentioned in this episode of SharkCast:

Debunking Mispercerptions--The Upsides of Commercial Arbitration
Download PDF • 140KB

If you have any comments or feedback on this episode, drop me a line at

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