Arbitration

During the past several decades, many businesses have selected arbitration as an alternative method for resolving many types of commercial disputes. As a result, many commercial contracts and licensing agreements include a clause requiring arbitration as the exclusive method for resolving disputes. While no single method of dispute resolution is right for every type of dispute or problem, Perkins Coie litigators have extensive experience representing clients in domestic and international arbitrations and in related trial and appellate court proceedings throughout the United States.  Many of our litigators have served themselves as arbitrators appointed by organizations that sponsor alternative dispute resolution, such as the American Arbitration Association, the National Association of Securities Dealers, the New York Stock Exchange and state and federal courts, and can bring that experience to bear when representing litigants in arbitrations.

Even though arbitrations are a method of resolving disputes outside of traditional courts, state and federal courts sometimes decide critical issues that affect arbitration proceedings. When a party required to arbitrate a dispute chooses instead to file an action in court, the opposing party may ask the court to compel arbitration. Additionally, a court may get involved in an arbitration proceeding when a party requests early "discovery in aid of arbitration" or seeks a temporary restraining order or a preliminary injunction in order to preserve a party's rights pending an arbitration decision on the merits. After an arbitration has concluded, parties routinely request that a trial court vacate or confirm the arbitration award. Arbitration decisions of trial courts on issues such as these may be appealed and in this way reach federal and state appellate courts.

Our arbitration litigators have frequently succeeded in persuading courts to compel arbitration, in some instances by reversing a trial court that refused to order arbitration. At the other end of the arbitration process, our arbitration litigators also have succeeded in vacating arbitration awards unfavorable to our clients.