Depending on the case and contract that is subject of the dispute, arbitration may be a requirement. Of course, those parties to the contract can ultimately waive that requirement or come up with some variant of their mutual choosing. Conversely, in matters absent an arbitration provision in a contract, the parties can voluntarily agree to go to arbitration.
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Arbitration News Blog by Herbert SmithThe International Swaps and Derivatives Association (“ISDA“) has released a number of model arbitration clauses for use with the ISDA 2002 Master Agreement and ISDA...By Herbert Smith
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