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Do corporations have dispute
resolution policies and to what
extent are they mandatory?
from ‘Not a feature of policy’), the arbitral
institution/rules (92%), language (90%), seat
of arbitration (85%) and confidentiality (84%).
Slightly less common was a position to adopt
arbitration rather than state court litigation
(81%) and regarding the extent of discovery
and disclosure (68%). Respondents also
mentioned other features such as the use of
‘stepped’ or ‘tiered’ clauses that require
parties to engage in mediation or other forms
of alternative dispute resolution before
resorting to arbitration, or provisions as to the
number of arbitrators.
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