Understanding the proper role of discovery in arbitration

Contracting parties increasingly are choosing arbitration as a preferred method for resolving disputes that arise out of commercial agreements. Those parties rationalize their choice with the expectation arbitration will be a more expeditious and less expensive route to a final disposition of claims. A common criticism, however, is that arbitration can be just as expensive as courtroom litigation; bills for an arbitrator and counsel’s case preparation can mount up fast. Is there really an advantage to arbitration?

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