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Arbitration: Rethinking the Pitfalls

By Paul Bent
November 02, 2015

Much has been written about the use of alternative dispute resolution (ADR) to address equipment leasing disputes, some of it positive and much of it negative. For a variety of reasons, the equipment lessor legal community has historically been reluctant to embrace alternative methods of avoiding protracted litigation.

But as providers of ADR services have expanded their offerings, and as professional neutrals have become more sophisticated in matters involving corporate finance and leasing, both arbitration and mediation have in many cases been shown to be increasingly efficient, productive, and cost effective alternatives for resolving and disposing of unwelcome business disputes.

This article focuses on the use of commercial arbitration to address and resolve disputes in equipment leasing, bringing readers (particularly lessor counsel) up to date on relatively recent developments, rethinking the often-cited pitfalls, and recounting the benefits of using this well tested out-of-court method to avoid the ordeals of litigation.

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