The Mississippi Supreme Court’s decision in Carrick v. Turner ex rel. Walley has the potential to expand arbitration in Mississippi. The case announces a standard for evaluating the validity of arbitration clauses that is more arbitration-friendly than even federal law. In response, Mississippi lawyers should carefully evaluate the arbitrability of their clients’ disputes in view of arbitration’s real costs and benefits, rather than on instinct alone.

Republished with permission. The full article, "A New Day for Arbitration in Mississippi?," was published in the Spring 2021 issue of The Mississippi Lawyer.