top of page

To Arbitrate or Not to Arbitrate—That is the Question

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?

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

  • 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

This podcast is not legal advice and does not establish an attorney-client relationship or create any duty of Dorsey & Whitney LLP or those appearing in this podcast to anyone. Although we try to assure that the content of this podcast is accurate, comprehensive, and reflects current legal developments, we do not warrant or guarantee those things. The opinions expressed in this podcast are the opinions of those appearing in the podcast only and not those of Dorsey & Whitney. This podcast is considered attorney advertising under the applicable rules of certain states.


bottom of page