Arbitration and litigation are closely related. Both are adversarial processes that result in a binding decision. Arbitration, however, is a different animal, and parties, through their arbitration agreement and their conduct in arbitration itself, can influence, positively or negatively, the speed, efficiency, and flexibility of the process. By successfully navigating the process, counsel can help to ensure that arbitration is an efficient and economical way to resolve a client's commercial dispute. This article walks counsel through the crucial early stages of the process: reviewing the clause, filing the demand, dealing with procedural disputes, and appointing an arbitrator.
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