Is Arbitration “Just Like” Litigation? Some Challenges to Conventional Wisdom
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by Andrew Flake I will occasionally hear, including from some very seasoned litigators and trial lawyers, that arbitration is “just like” litigation. Is that really true? I suppose, In the sense that they are both proceedings that call upon a neutral decisionmaker to resolve disputed facts, managing procedural and evidentiary conflicts and applying legal principles, yes. From the same high level of generality, however, we could also say that Olympic downhill skiing is “just like” ice hockey–they are both sports, played in cold weather on frozen water, with a winner and a loser. Somehow, that doesn’t quite ring true. There…
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