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- Title
Arbitration orLlitigation? ADR Issues in Transnational Disputes.
- Authors
Kreindler, Richard H.
- Abstract
The article compares arbitration and litigation and their uses in solving transnational disputes. Arbitration has come to be known, and in some circles is still known, as alternative dispute resolution, that is, an alternative to resolution by litigation in the municipal courts. The most important reasons for seeking an alternative to the courthouse, in the transnational context, include the hope for simplified commencement of proceedings and service of process, neutrality and facilitated taking of evidence. They also include the hope for expeditious issuance of an award, confidentiality and simplified enforcement. trends in transnational arbitration, not to neglect recent trends in the courts, specifically those in the U.S. From the viewpoint of a party having to choose between arbitration and the courts, the state of affairs in the field of litigation and arbitration must be considered to be of equal importance. Some of the potential advantages of arbitration can be squandered by a poorly drafted arbitration agreement, while some of the potential disadvantages may be counteracted or at least controlled through skillful drafting.
- Publication
Dispute Resolution Journal, 1997, Vol 52, Issue 4, p79
- ISSN
1074-8105
- Publication type
Academic Journal