Principally, you will want to counsel against arbitration in any case in which you envision that the client will want to pursue extensive discovery. Also, the client may wish to avoid arbitration when it perceives that its potential adversaries will be less able to withstand expensive and protracted litigation. Clients may prefer to go to court if their disputes are apt to involve questions of law and there exists a body of substantial precedents in their favor. Clients may also prefer to go to court if they are apt to wind up with well-qualified jurists. For example, clients may prefer to have corporate governance disputes adjudicated in the Delaware Chancery Court, rather than in arbitration.
Arbitration avoid entirely all technical pleading requirements.
The initial arbitration filing may be as simple as a letter addressed to the arbitration tribunal which briefly explains the dispute in layman's terms, refers to the arbitration contract, and asks for arbitration to be started. Filing fees and costs. Arbitration filing fees can be more or less expensive than court filing fees, depending upon the arbitration rules that are invoked. The American Arbitration Association has many different arbitration rules, each of which applies to a different type of dispute. Before one drafts an arbitration clause, one should refer to various arbitration rules to be certain that the rules referenced in the arbitration clause do not call for disproportionate filing fees.