商事仲裁和信息技术纠纷

Richard B. Mawrey
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引用次数: 0

摘要

早在20世纪60年代,就有一位老绅士穿着曾经时髦但现在破旧的衣服,在斯特兰德的皇家法院外游行,举着一块写着“仲裁不要诉讼”的标语牌。他是一个著名的人物,从20世纪30年代就出现了,他很受法官们的喜爱,在几次判决中都提到了他。然而,公平地说,通常提到这位老先生是为了说明,在法院审理的案件中,他的建议具有误导性,因为事实证明,仲裁比在法庭上进行诉讼要困难得多,费用也高得多。
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COMMERCIAL ARBITRATION AND INFORMATION TECHNOLOGY DISPUTES
As late as the 1960s there was an old gentleman in once smart, but now shabby, clothes who paraded outside the Royal Courts of Justice in the Strand, carrying a placard which read ‘ARBITRATE DON’T LITIGATE’. He was a famous character who had been around since the 1930s and he endeared himself to the judges who referred to him in several judgments. It is fair to say, however, that the old gentleman was usually referred to in order to make the point that, in the case before the court, his advice had been misleading because the arbitration had proved far more difficult and costly than proceeding by way of litigation in the courts. 
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