November 4, 2014
We are pleased to announce that CCA Fellow Tom Stipanowich has completed, and is about to publish two articles arising of his studies of the state and future of commercial arbitration and the results of the CCA/Straus Institute Survey on Arbitration Practice.
The two articles present extensive new data on practices and trends in commercial arbitration, including results from and analysis of a groundbreaking empirical survey of perceptions and practices among experienced arbitrators. 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, will soon be published in Columbia's AMERICAN REVIEW OF INTERNATIONAL ARBITRATION. However, they may now be accessed at the following SSRN links:
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."
The CCA membership will be particularly interested in the articles, in part, because the CCA Fellows played a large part in helping to develop the data that Tom analyzed and discusses in his normal thought-provoking manner. The publication of the Survey is the culmination of the collaboration between Tom Stipanowich, The Straus Institute and the CCA that preceded the CCA Retreat held before the 2013 Annual Meeting. We are excited to have it available to us prior to the 2014 Annual Meeting and are certain that we will see the two publications cited by other arbitration scholars, arbitrators and educators for some time to come.
On behalf of CCA, we thank Tom and The Straus Institute for all of their contributions!