Arbitration: boon or bane? Are Texas companies continuing to embrace it, or will they shun it? The March 25 decision by the U.S. Supreme Court in Hall Street Associates, LLC v. Mattel, Inc. provides the answer: Fewer companies will go to arbitration, and more will shake the magic eight ball and opt for the civil justice system.
Here are a few facts from the high court’s opinion. Hall Street Associates and Mattel entered into a lease agreement. There were all sorts of complicated provisions. Since there were a lot of moving parts, litigation was nearly inevitable. While the suit was pending in federal court, the parties asked the court to pack the case off to arbitration under its Federal Rule of Civil Procedure 16 authority.
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