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Does 'May' Mean 'Shall' in Arbitration?

Winter 2008

International Law Quarterly, Vol. XXIII, No. 2
In recent years, an increasing number of U.S. and foreign companies have embraced arbitration as an alternative means for resolving their business disputes. Unlike prolonged litigation, arbitration offers numerous real advantages to its users, including cost savings, faster results, a neutral forum, the ability to participate in the choice of a decision-maker, and the relative finality and enforceability of arbitration awards. With careful drafting, the parties to a contract can tailor the arbitration process to meet their specific needs and circumstances.


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