A Brave New World For ADR?
Is this alternative dispute resolution - or a new way to turn up the heat when a big battle starts to look bad? That's what American companies doing business abroad should be asking themselves about a little-known arbitration mechanism available under NAFTA. Can arbitration be used to generate an extra layer of appellate review? To pressure legislators to act - or not act? Jonathan Freiman and Bruce Jacoby explore these crucial questions in the cover article of the special ADR section of the National Law Journal.