The growth of commercial arbitration during the past three decades is principally attributable to the U.S. Supreme Court’s broad embrace of the arbitration process and its rejection of legal doctrines that try to limit the effective use of arbitration. Arbitration was further transformed during the 1980s and 1990s by a series of decisions that have made it more accessible and its enforcement more predictable. This development in turn has encouraged businesses to consider arbitration for many of their larger and more important disputes and has encouraged individual neutrals and providers to promote arbitration as an effective alternative to the court system.
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