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But these processes are not international arbitration as
we know it. The modern reality is that parties do not generally
want the open-textured discretion of international
arbitration’s past or rampant partisanship of decisionmaking.
16 Rather, they prefer the outcomes of their disputes
to be warranted by a record and independent legal analysis
and so that they can have a fair process which justifies the
expenditure of significant legal fees on dispute resolution in
pursuit of broader commercial objectives
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