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Clip length/Date:(20:47min - 04/20/11)
Summary: Our 99th IDN podcast picks up with further discussion on the reasons for an arbitration pledge—a potential tool that has caught the imagination of some in the ADR world, including the CPR Institute.
The proposed arbitration pledge is similar to the CPR Institute’s mediation-centric Corporate Policy Statement on Alternatives to Litigation.
The advocate in this episode of International Dispute Negotiation is Gary Born, a partner and chairman of the International Arbitration Group at Wilmer Cutler Pickering Hale and Dorr in London.
Born proposes making arbitration the default method of resolving disputes, rather than a sprint to courts. He says, “It may be that [with] a company-wide commitment to look to arbitration as the . . . default means of dispute resolution, . . . the existence of that pledge would make it more likely that arbitration would be agreed [to].”
As noted in Part 1, the podcast addresses the reasons why a broader commitment “to make international commercial arbitration the default rule--not the exceptional rule but the default rule.”
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