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June 21, 2018
Beyond Arbitration: Ordeal by Water. Let's give this procedure a second look.
With good reason, GCs and in-house counsel all over the world painstakingly monitor the effectiveness of arbitration, especially in business-to-business disputes. Most of them will tell you arbitration doesn't work as well as they would like, especially in the hands of American and Brit lawyers. Remember Ordeal by Water? It was my favorite part of Civil Procedure in law school. It's exciting, for one thing. Further, it's certainly "faster" and "cheaper" than any American Alternative Dispute Resolution (ADR) best practices to date and in some cases superior to the best-functioning European arbitration regimes. Let's give it a second look, shall we?
Posted by JD Hull at June 21, 2018 07:25 AM
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