Arbitration: Midwife of AT&T Mobility v. Concepcion Very Fond of Case He Delivered

      In a May 28, 2012 opinion piece in the National Law Journal, Andrew J. Pincus saw the precedent he had made, and, behold, it was very good.  (Cf. Gen. 1:31 King James Version).  Mr. Pincus is the attorney at Mayer Brown heralded for arguing and winning Concepcion before the Supreme Court in 2011.  He laments that opponents of arbitration, motivated by “reflexive hostility”, are not capitulating.  Instead, they are mounting attacks against arbitration in Congress and federal agencies.

     Mr. Pincus expresses the argument in favor of arbitration in the strongest declarative terms:   “Our courts are expensive, overburdened and virtually impossible for nonlawyers to navigate. For these claims, it is arbitration or nothing.”