Litigating a commercial case is fundamentally different from arbitrating one. Lawyers who represent parties in commercial arbitrations need to understand the significant differences between court processes and those used in arbitration. Counsel also need to know how those differences affect the development of hearing proofs. The cornerstone of a lawyer’s duty, competent and zealous representation, requires no less.

Federal policy has long favored the enforcement of private agreements requiring the arbitration of disputes, as in Stolt-Nielsen SA v. AnimalFeeds International, 559 U.S. 662, 681-82 (2010). The U.S. Supreme Court’s recent unanimous decision in Harry Schein v. Archer & White Sales, No.17-1272 (Jan. 8) again confirms that “arbitration is a matter of contract and courts must enforce arbitration contracts according to their terms.”