June 22, 2011 Articles

Chess Clock Arbitration

By Raymond A. Garcia, Nicole Liguori Micklich, and Michael V. Pepe

As disputes become more complex and time consuming, there is increasing pressure to make the dispute resolution process more efficient. The potential expense of resolving a dispute is often the most serious threat to resolving it. Cost concerns often provide greater power to the party holding the money, who cannot be forced to pay an injured party unless the injured party is willing to incur the cost of an expensive arbitration. In international arbitration, where disparity in the culture of resolving disputes and the variation in jurisdictional process makes use of ADR techniques paramount, the chess clock has become an efficient tool in promoting quick, predictable, and economical ADR.

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