The recent trend toward arbitration of larger and larger commercial cases has led to a number of expensive elements that have traditionally been reserved for litigation. Devising an arbitration process that is significantly more efficient than litigation is not an easy task in the context of a complex commercial dispute. However, the scorched-earth mentality that frequently follows the inception of a dispute can often be countered, before the fact, through effective drafting of the arbitration clause in the underlying commercial contract.
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