In 1795, after execution of the Treaty of Paris which ended the Revolutionary War, the United States and Great Britain got into a dispute over various aspects of that negotiated peace. Principal among the disputes was how to resolve wartime debts that remained owed and where to place the boundaries between Canada and the United States. In what is heralded as an achievement that averted a second war between the two countries, Great Britain and the United States agreed to send their substantive disputes to a private arbitrator. The result was the 1795 Treaty of Amity, Commerce, and Navigation Between His Britannic Majesty and the United States of America (the “Jay Treaty”), which is one of the first recognized disputes resolved by an arbitrator in this country.
Private arbitration has come a long way since the Jay Treaty. Commercial parties quite often place arbitration clauses in their contracts as a mandatory dispute resolution mechanism. In other situations, disputes arise that could be pursued in open court but for various reasons the parties mutually agree to rely on the services of a private arbitrator (or a panel of three) to adjudicate the dispute. While arbitration can be as streamlined or complex as agreed between the parties, use of arbitration as a dispute resolution mechanism can be an effective way to solve a problem if the parties are in agreement on how to approach it. Recent decisions from the United States Supreme Court such as Stolt-Nielsen S.A. v. AnimalFeeds International Corp. and an enhanced reliance on the Federal Arbitration Act have brought arbitration back to “front and center” as a tool for dispute resolution.
If you are interested in using LLG’s arbitration services, please contact our partner John E. Flanagan. In addition to having 30-plus years of commercial trial experience, John has served his clients over the years with critical business acumen, served on the management committee of one of Wisconsin’s largest law firms, and served as the chair of the board of directors of three non-profit organizations.
LLG’s arbitration services are available to those who need help resolving both the most simple and aggravated of disputes. If you would like to speak to an attorney at Laffey, Leitner & Goode LLC about their availability to mediate dispute, please contact us today.
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