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Article: An Arbitration Gone Bad - Not Arbitration Gone Bad.
- Article from:
- Mondaq Business Briefing
- Article date:
- March 4, 2009
CopyrightCOPYRIGHT 2009 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Originally published in the February 2009 edition of Commercial Litigation Review.
Periodically, a litigator or a corporate counsel will complain about a bad experience in arbitration, and go on to say that as a result he or she will no longer agree to arbitration. In effect, that person has concluded that the entire process of arbitration is flawed – that it has "gone bad."
When we hear someone react that way, we question whether the person should be concluding that arbitration as a process is flawed. Rather, it may be that the particular arbitration was flawed.
And if that is a reasonable possibility, it seems to us that the litigator ...