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Control Over Dispute-System Design and Mandatory Commercial Arbitration

By Lisa B. Bingham


This article argues that mandatory arbitration is not itself the problem. The problem is instead that in some instances, one party to the dispute has exclusive control of the design of the dispute-resolution system. Consequently, research on mandatory arbitration should concentrate on who is structuring it, how they structure it, why this is so and how these choices affect dispute outcomes

Topics: Commercial arbitration, Arbitration, Disputes, Civil procedure, Models, Law
Publisher: Duke University School of Law
Year: 2004
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