Arbitrate, don't litigate?


Arbitration agreements are given great deference in the US. In fact, the nation's highest court has held that lower courts must "rigorously" enforce arbitration agreements (Dean Witter Reynolds Inc. v Byrd, 470 US 213, 221 (1985)), and that where there is an arbitration clause in the parties' agreement, there is a presumption in favour of arbitrability: AT&T Techs. v Communications Workers of America, 475 US 643, 650 (1986).However, controversy often arises over whether arbitration clauses l