Key Practical and Ethical Issues for Commercial Arbitrators: Insights from a New Study of Experienced Arbitrators Thomas J. Stipanowich William H. Webster Chair in Dispute Resolution & Professor of Law Academic Director, Straus Institute for Dispute Resolution ©2015 Thomas J. Stipanowich . All rights reserved.
The following slides are taken from: “Living with ADR: Perceptions and Use of Mediation, Arbitration and Conflict Management in Fortune 1,000 Corporations” by Thomas J. Stipanowich & Ryan J. Lamare May be downloaded at the following link: http://ssrn.com/abstract=2221471
Reasons companies do not use arbitration 1997 and 2011 (commercial disputes)
Reasons companies do not use arbitration 1997 and 2011 (commercial disputes)
Reasons companies do not use arbitration 1997 and 2011 (commercial disputes)
“Arbitration is often unsatisfactory because litigators have been given the keys to run the arbitration and they run it exactly like a piece of litigation. It’s the corporate counsel’s fault by simply turning over the keys to a matter.” Jeffrey W. Carr Vice President & General Counsel FMC Technologies, Inc.
“[I]f you simply provide for arbitration under [standard rules] without specifying in more detail . . . how discovery will be handled . . . you will end up with a proceeding similar to litigation.” James Bender,General Counsel, Williams Companies
“I’m here to tell you that “I’m here to tell you that . . . our current experience is that we are getting quicker and more cost-effective results in U.S. courts!” Corporate counsel for a leading global corporation
The following slides are taken from the Straus Institute for Dispute Resolution / College of Commercial Arbitrators Survey on Arbitration Practice (2013) as presented in Arbitration in Evolution: Current Practices and Perspectives of Experienced Commercial Arbitrators (with Zachary P. Ulrich), 25 American J. on Int’l Arb. 395 (2015) available at SSRN: http://ssrn.com/abstract=2519196
Gender
Professional background
Experience with Streamlined or “Fast Track” Procedures
Experience as Sole Arbitrator Have you ever served as a sole arbitrator in a case involving disputes?
Managing Discovery As an arbitrator, how often do you do the following with respect to discovery in arbitration?
Managing Discovery
Managing Discovery
Managing Discovery As an arbitrator, how often do you do the following with respect to discovery in arbitration?
Handling Dispositive Motions As an arbitrator, how often do you do the following in handling motions for summary disposition?
Handling Dispositive Motions As an arbitrator, how often do you do the following in handling motions for summary disposition?
Hearings: Common Practices among Experienced Arbitrators
Settlement Before Award
Informal Settlement As an arbitrator, how often do you do each of the following with respect to informal settlement of the cases before you?
Informal Settlement As an arbitrator, how often do you do each of the following with respect to informal settlement of the cases before you?
Informal Settlement As an arbitrator, how often do you do each of the following with respect to informal settlement of the cases before you?
Rendering Arbitration Awards
Rendering Arbitration Awards
Rendering Arbitration Awards
Negotiation During Award Deliberations
Tripartite Panels with Arbitrators Appointed by Individual Parties
Tripartite Panels with Arbitrators Appointed by Individual Parties
Percentage of Working Hours as Arbitrator
more than 70% of their work time is devoted to mediation practice! What percentage of your work time, if any, is currently devoted to practice as a mediator? International Academy of Mediators – Straus Survey (2014) More than 70% say that more than 70% of their work time is devoted to mediation practice!
Amount of Arbitration Work
Percentage of Work Time Dedicated to Mediation Practice
Early Neutral Evaluation, Early Case Assessment
International Cases Arbitrated as Percent of Practice (Prior to 5 Years Ago)
Number of International Cases Arbitrated as Percent of Practice (Last 5 Years)
For an Analysis of These Data See: Reflections on the State and Future of Commercial Arbitration: Challenges, Opportunities, Proposals, 25 American Journal on International Arbitration 297 (2015), available at SSRN: http://ssrn.com/abstract=2519084 Commercial Arbitration and Settlement: Empirical Insights into the Roles Arbitrators Play, 6 Yearbook on Arbitration and Mediation 1 (2014) (with Zachary P. Ulrich) , available at SSRN: http://ssrn.com/abstract=2461839