Editor’s note: This article describes a hypothetical situation.
ADR
Bob’s client sold a portion of its business to Rabbit Corp. At Bob’s urging, the client agreed to arbitrate any claims arising out of the sales agreement. A claim arose shortly after the sale. Rabbit claimed Bob’s client had improperly allocated certain assets and liabilities in the spin-off. In accordance with the magnificently drafted arbitration provision in the sales agreement, Rabbit sought arbitration of the dispute. After the parties selected the arbitrator, Bob discovered an unsettling fact—the arbitrator had a business relationship with Rabbit. Bob was smart enough to know the arbitrator probably would be partial to Rabbit.
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