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Some courts, however, have done a marvelous job of identifying a set of factors that, if followed, would provide a workable framework for increased predictability.

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Filing such a suit can create a certain strategic advantage since it allows the party to pick the court and the venue for filing, control the posture of the suit, and frame the facts and issues for the court.

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Panel consists of e Justices Goodwin, Baker, and Kelly.An order appointing a new arbitrator is not immediately appealable.

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