Arbitration: "To Arb or Not to Arb, that is the Question?"


Posted By Administration, Wednesday, March 21, 2018
Updated: Thursday, July 26, 2018

Recorded March 20, 2018

Mitch Williamson provides an overview of arbitration as it relates to creditors rights practitioners. The discussion is to help provide a basis for making a decision as to whether arbitration is the best way to protect your client's interests when you have a choice and what to do when you don't. Learn how arbitration differs from mediation, the forums it can take place in, the mechanics involved in each forum (i.e. rules regarding presenting the case, discovery and the differences in how they have to be handled when compared with the court rules), and in which states and federal districts there is mandatory arbitration, irrespective of contract language.

The discussion will then discuss some of the common issues relating to arbitration clauses, i.e. who decides whether a matter is arbitable where there is disagreement between the parties; can an arbitration decision be appealed, how and to whom, are arbitration awards enforceable and where. The issue of collecting attorney fees in relation to an arbitration will also be discussed and the impact fee shifting statutes might have as opposed to contractual language.


Mitch Williamson, a graduate of Rutgers University (1981) and New York Law School (1989), joined Barron & Newburger, P.C. in April 2016, opening its New Jersey office, representing law firms, debt buyers, collection agencies and other business in litigation and government investigations. He is RMA certified and has an AV-Preminant rating from Martindale-Hubble. Prior to joining B&N he was in-house defense counsel to Pressler & Pressler, LLP for 13 years. He is admitted in both the State and Federal Districts of New Jersey, and the State and all four Federal District courts of New York. Mr. Williamson has also been admitted repeatedly pro hac vice in the federal courts of Pennsylvania to handle litigation before those courts. Prior to working in the creditors rights arena, Mr. Williamson specialized in complex civil litigation, primarily handling environmental coverage disputes, toxic torts, NASD Broker-Dealer disputes, labor disputes, professional malpractice claims, and other issues involving SEC regulations. Prior to practicing law, Mr. Williamson was a professional photojournalist working in this country and in Israel.

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