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I think the LCJ is swimming against the tide, and is a bit out of date. He may have a point on the costs of arbitration but both the RICS and the CIArb have instigated costs controlled arbitration schemes recently. I agree with some of the other comments maybe the courts are awash with PI claims and niff naff and trivia because all the meaty commercial cases go to arbitration. As arbitration is a consensual matter where parties opt out of the common law right to litigate, maybe the powers that be should be looking at making the litigation process more appealing (pun intended).

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