In any case, Mr Bush initiated the trade-arbitration process that has led to the tariff recommendation, so he can hardly do nothing in response.

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Signatories to UNCLOS are obliged to go through an arbitration process in the event of a dispute with another party and to accept the resulting settlement, UNCLOS says on its website.

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Even liberal Justice Steven Breyer questioned why the merchants had to hire expensive experts in arbitration, where the arbitrators themselves would presumably have expertise in antitrust law and could streamline the whole process.

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Justices Alito and Anthony Kennedy sounded skeptical arbitration, which is designed to be a streamlined process, was compatible with class actions in the first place.

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