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Clip length/Date:(16:54min - 03/22/11)

Summary: “Why not a broader commitment to making international commercial arbitration the default rule--not the exceptional rule but the default rule--for resolving an important category of . . . international commercial disputes between an important category of players?”

Well, why not?

The idea rings familiar. As International Dispute Negotiation host Michael McIlwrath points out, a pledge to arbitrate is similar to the CPR Institute’s longstanding ADR Pledge—a commitment companies make to try negotiation and mediation before filing suit that is formally known as the CPR Corporate Policy Statement on Alternatives to Litigation.

Mike’s guest in this IDN episode, No. 98, is Gary Born, a partner and chairman of the International Arbitration Group at Wilmer Cutler Pickering Hale and Dorr. He is based in London. (Details here on Gary’s award earlier this month as Global Arbitration Review's inaugural "Advocate of the Year.”)

“Where the contracting process hadn’t produced an arbitration clause,” says Born, “the default rule would be international commercial arbitration.”

In this week’s Part 1, Born discusses the new pledge and how it would work. Next IDN, he will addressing concerns and objections.

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