What can companies do to protect themselves from U.S. style discovery creeping into their international disputes in light of the on-going debate as to whether US court discovery should be available in international construction arbitration?

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International arbitration is popular for resolving construction disputes. The merits of using arbitration can be numerous, including (1) avoiding potentially biased foreign courts, (2) having a meaningful say in who hears your dispute, (3) enforcement of awards across borders, and (4) conducting efficient proceedings.

Originally published in the Fall 2021 issue of the ABA Construction Litigation Newsletter.

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