Jenner & Block

“Is Arbitration Still Worth It?” Defense Online and Defense Contracts Online

In their article, Jenner & Block Partner Mike Doornweerd and Associate Anna Mitran examine the role of arbitration in resolving disputes within the defense industry.  The article explores the advantages and faults of mandatory arbitration within the aerospace and defense fields as disputes continue to expand internationally.  The authors note that arbitration is “often speedier, less intrusive, more flexible and less expensive than litigation.”  Another advantage is that “international arbitrations allow the parties to avoid either side getting a home-court advantage in its own legal system, as well as obtain a final award that can be enforced internationally.”  But arbitration still has faults, the authors observe.  They caution that there remains a “learning curve” for some arbitrators as they gain the knowledge required for aerospace and defense disputes.