Groundbreaking Survey Examines Commercial Arbitration Practices and Trends

Disputing is pleased to announce a series exploring the findings of Pepperdine University School of Law Professor Thomas Stipanowich in his notably significant research paper, “Reflections on the State and Future of Commercial Arbitration: Challenges, Opportunities, Proposals,” and its companion piece, “Arbitration in Evolution: Current Practices and Perspectives of Experienced Arbitrators,” which was coauthored by Zachary Ulrich.

According to Professor Stipanowich,

These articles contain new information and insights on many different aspects of commercial arbitration practice in the U.S. and in international disputes. Topics include the habits and attitudes of business users and their attorneys; barriers to making effective choices regarding arbitration; standards for arbitrator decision making and methods of managing perceived risks in arbitration (including appellate arbitration, final offer arbitration and other alternatives); the variety of proactive approaches now employed to promote economy and efficiency in arbitration; the handling of pre-hearing motion practice and discovery; management of hearings; issues of diversity in arbitration tribunals (including the gender and the professional background of arbitrators); perceptions of party-appointed arbitrators on tripartite panels; the dramatic growth in the ranks of self-described “dispute resolution professionals”; the education, training and credentialing of arbitrators; legal advocacy in arbitration; arbitrators and settlement; the impact of mediation on arbitration and arbitrators; the growing emphasis on early evaluation or case assessment; the impact of technology; and the insights drawn from behavioral science and “big data.”

Although the research papers will soon be published in Columbia University School of Law’s American Review of International Arbitration, both are now available for download from the Social Science Research Network.

Stay tuned for Part One!

Photo credit: Jan Krömer / Foter / CC BY-ND