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Dispute resolution laid bare by top panel

The Economical Litigation Agreement, or "litigation prenup", will be available online in July for companies to incorporate by reference into their contracts in lieu of arbitration clauses. The ELA keeps the substantive dispute decisions in the hands of the civil justice system, while the expensive part of litigation--discovery--is contracted between the parties, proportionate to the dispute, and enforced with fee-shifting (i.e. loser pays in any discovery dispute) by an ELA arbitrator. Happy to discuss further if anyone is interested.

18-Jun-2010

7:24 pm