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Words: | Submitted: Wed Mar 10 2004
... two most common forms of ADR are 'arbitration' and 'mediation'. Arbitration is a simplified version of a trial involving no discovery and simplified rules of evidence. Either both sides agree on one arbitrator, or each side selects one arbitrator and the two arbitrators elect the third to comprise a panel. Arbitration hearings usually last only a few hours and the opinions are not public record. Arbitration has long been used in labour, construction, and securities regulation, but is now gaining popularity in other business disputes. Resolution by arbitration is particularly suitable for international commercial disputes. International commercial arbitration has expanded rapidly in recent years. Given the dramatic increase in international trade and disputes arising there from, international arbitration institutions have flourished, many jurisdictions have passed new or updated international arbitration statutes, and arbitration jurisprudence has increased diversely. U.S. courts have abandoned their traditional distrust of international arbitration, holding that the international ...
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