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Civil Procedure Commons

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Selected Works

2011

Arbitration

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Full-Text Articles in Civil Procedure

Similarities Between Arbitration And Bankruptcy Litigation, Stephen Ware May 2011

Similarities Between Arbitration And Bankruptcy Litigation, Stephen Ware

Stephen Ware

The litigation process in bankruptcy courts differs from the litigation process under the Federal Rules of Civil Procedure. And the bankruptcy litigation process differs from the Federal Rules in many of the same ways that the arbitration process tends to differ from the Federal Rules. This Article explores these similarities between the procedures of bankruptcy litigation and arbitration and contrasts them with the more elaborate procedures of ordinary civil litigation under the Federal Rules.