Abstract

http://ssrn.com/abstract=1982169
 


 



Protocols for Expeditious, Cost-Effective Commercial Arbitration: Key Action Steps for Business Users, Counsel, Arbitrators & Arbitration Provider Institutions


Thomas Stipanowich


Pepperdine University School of Law

Curtis E. Von Kann


affiliation not provided to SSRN

Deborah Rothman


affiliation not provided to SSRN

2010

PROTOCOLS FOR EXPEDITIOUS, COST-EFFECTIVE COMMERCIAL ARBITRATION: KEY ACTION STEPS FOR BUSINESS USERS, COUNSEL, ARBITRATORS & ARBITRATION PROVIDER INSTITUTIONS, T. Stipanowich, ed., College of Commercial Arbitrators, 2010

Abstract:     
Despite meaningful efforts to promote better practices and ensure quality among arbitrators and advocates, criticism of American commercial arbitration is at a crescendo. Much of this criticism stems from the fact that business‐to‐business arbitration has taken on the trappings of litigation — extensive discovery and motion practice, highly contentious advocacy, long cycle time and high cost. While many business users still prefer arbitration to court trial because of other procedural advantages, the great majority of complaints being voiced by arbitration users are the same: commercial arbitration now costs just as much, and takes just as long, as litigation. Clients and counsel often wonder aloud what happened to the economical and efficient alternative to the courtroom. While much has been done to improve the understanding of business users and the performance of arbitration provider institutions, advocates and arbitrators, much more can be done. The Protocols for Expeditious,Cost‐Effective Commercial Arbitration were developed in order to encourage more effective use of arbitration by business clients and counsel and enhance the performance of legal advocates, arbitrators and arbitration provider organizations.

Number of Pages in PDF File: 95

Keywords: protocols, commercial arbitration, business-to-business arbitration, B2B, litigation, criticism

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Date posted: January 10, 2012 ; Last revised: June 15, 2012

Suggested Citation

Stipanowich, Thomas and von Kann, Curtis E. and Rothman, Deborah, Protocols for Expeditious, Cost-Effective Commercial Arbitration: Key Action Steps for Business Users, Counsel, Arbitrators & Arbitration Provider Institutions (2010). PROTOCOLS FOR EXPEDITIOUS, COST-EFFECTIVE COMMERCIAL ARBITRATION: KEY ACTION STEPS FOR BUSINESS USERS, COUNSEL, ARBITRATORS & ARBITRATION PROVIDER INSTITUTIONS, T. Stipanowich, ed., College of Commercial Arbitrators, 2010. Available at SSRN: http://ssrn.com/abstract=1982169

Contact Information

Thomas Stipanowich (Contact Author)
Pepperdine University School of Law ( email )
24255 Pacific Coast Highway
Malibu, CA 90263
United States
310-506-4655 (Phone)
310-506-4437 (Fax)
Curtis E. Von Kann
affiliation not provided to SSRN ( email )
Deborah Rothman
affiliation not provided to SSRN ( email )
Feedback to SSRN


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