• Blog Post

    A Beginners Guide to Arbitration – Part 2 Pros and Cons of Arbitration

    Our June 11th blog post broadly discussed arbitration and the upward trend of including mandatory arbitration clauses in agreements.  This week, we analyze the pros and cons of arbitration to elucidate when arbitration clauses are useful and when they are potentially harmful.   In arbitration, individuals and entities bring legal claims against one another outside the public court system.  Although many aspects of arbitration are similar to a civil court trial, arbitration has a number of key differences.   Pros Speed – Arbitration is generally faster than litigation. Whereas litigation often takes years, the arbitration process may only take a few months. However, arbitration can take longer when there are…

  • Blog Post

    North Carolina Business Court Enforces Arbitration Agreement Prohibiting Discovery, Live Testimony, and a Full Hearing

              In a January 2016 (unpublished) order, the North Carolina Business Court (NCBC) enforced a contract provision compelling arbitration and prohibiting any discovery prior to the arbitration.[1]             In Taggart v. Physicians Pharmacy Alliance, Inc., James Taggart sold his business, Physicians Pharmacy Alliance, Inc. (“PPA”), in a stock purchase agreement.  The agreement contains a provision mandating arbitration as to “any claim, controversy, or other matter in question based upon, arising out of, or otherwise in respect of this Agreement.”   The agreement further specifies:    “[i]t is the desire and intent of the Parties that such arbitration be held without any discovery,…