Introduction

Choice - the opportunity to tailor procedures to business goals and priorities - is the fundamental advantage of arbitration over litigation.[1] Much has been written in recent years about whether arbitration has become so much like litigation that arbitration's most commonly cited benefits - saving time and money - no longer pertain. One author, writing in a recent issue of the New York State Bar Association Journal, suggested that the cost of the arbitrators' fees makes litigation the less expensive alternative for resolving commercial disputes.[2] Response ...