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Dispute Resolution and Arbitration

Pepperdine Dispute Resolution Law Journal

Dispute Resolution

2021

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Arbitration With Government, Jack I. Garvey Jun 2021

Arbitration With Government, Jack I. Garvey

Pepperdine Dispute Resolution Law Journal

Arbitration is today increasingly dominant in the affairs of government. As a principal means of alternative dispute resolution, the utility of arbitration has brought it far beyond the confines of private law. The expanding role of arbitration is now broadly evident in agreements with governments and governmental entities at state and federal levels, and in international agreements involving governments. The question this poses for the lawyer working for government, or private parties contractually bound to arbitrate with government, is whether the adoption of arbitration for disputes involving government constitutes a fundamental shift of dynamics requiring a strategic shift in perspective …