Arbitration in complex commercial cases.

• Author: McAllister, Bruce A.
• Position: LETTERS - Letter to the editor

I have read "Re-examining the Presumption in Favor of Arbitration in Complex Commercial Cases" (March) and it is, to say the least, replete with unfair and misleading argumentation.

As a practitioner (both as arbitrator and advocate), and as a sometime teacher of arbitration law (Nova Southeastern University Law School), I was not only disappointed in the article but was offended by its occasionally absurd attempts to derogate this alternative dispute resolution method.

To take just two examples, both appearing on the first page:

1) The authors do not seek to persuade potential parties to an arbitration to rethink their voluntary decisions to arbitrate. Nor do they ask the Florida Legislature to amend the Florida Arbitration Code. Rather, they seek to limit, presumably by judicial fiat, a legislatively endorsed mechanism participated in by agreement between parties, which admittedly reduces the strain on the state's court system, without regard either to the legislature or to the parties to those agreements.

2)...