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The Canadian Bar Association

Barry Leon

Book review

Fulfilling the promise of commercial arbitration

By Barry Leon November 27, 2017 27 November 2017

Fulfilling the promise of commercial arbitration

 

A Practitioner’s Guide to Commercial Arbitration, Marvin J. Huberman (Ed.), Irwin Law Inc., 2017

Perhaps the most common complaint one hears about arbitration – both domestic and international – is that it does not live up to its often-promoted attributes of being a less expensive, more efficient and faster method of adjudicating disputes, with the benefit of an adjudicator with appropriate expertise.

The parties, arbitration counsel and arbitrators engage in a ‘blame game’, each saying that the failure of arbitration as a dispute resolution process – or the failure of a particular arbitration – to meet ‘the promise of arbitration’ is due to failures by one, or both, of the others. Often it is heard that an arbitration cost as much (or more) than court litigation, took as long or longer, and was determined by an arbitral tribunal that did not understand the applicable industry, area of law, or both.

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