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International Arbitration: Now Getting Longer and More Costly

July 28, 2008

By JOSEPH R. PROFAIZER

International arbitration—once heralded as a more effective and efficient alternative dispute resolution mechanism than international litigation—is now routinely criticized for replicating some of the same failings as litigation: excessive cost and duration of proceedings. The greatest strength of international arbitration—its procedural flexibility— can be used to control its increasing cost and duration. As a party or practitioner, the key is choosing the best procedural tradeoffs to maximize the ability to present one’s strongest case without incurring unnecessary and substantial additional costs or time.

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