Soft Law in the Organization and General Conduct of Commercial Arbitration Proceedings

Professor Thomas J. Stipanowich, William H. Webster Chair in Dispute Resolution at Pepperdine University School of Law and Academic Director of the Straus Institute for Dispute Resolution, has written Soft Law in the Organization and General Conduct of Commercial Arbitration Proceedings, Chapter in, SOFT LAW IN INTERNATIONAL ARBITRATION (forthcoming 2014); Pepperdine University Legal Studies Research Paper No. 2014/4.  In his publication, Professor Stipanowich examines non-binding international and other guidelines that are often used to influence and affect arbitral proceedings in the commercial realm.

Here is the abstract:

This commentary examines the growing use of Soft Law – non-binding guidelines that currently play an important role in organizing and conducting commercial arbitration proceedings. Standards such as the UNCITRAL Notes on Organizing Arbitral Proceedings, the ICC Techniques for Controlling Time and Costs in Arbitration, and the Protocols for Expeditious, Cost-Effective Commercial Arbitration have evolved from professional discourse regarding process management and more particular concerns about cost, delay and inefficiency in arbitration. Collectively, these guidelines reflect a growing recognition that deliberate and proactive effort by business users, counsel, arbitrators and provider institutions is critical to making the most of arbitration and counteracting recent trends. They influence the activities of business clients and counsel, arbitrators and arbitral institutions.

This and other publications authored by Professor Stipanowich may be downloaded free of charge from the Social Science Research Network.