Protocols for Expeditious, Cost-Effective Commercial Arbitration: Key Action Steps for Business Users, Counsel, Arbitrators & Arbitration Provider Institutions
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
95 Pages Posted: 10 Jan 2012 Last revised: 15 Jun 2012
Date Written: 2010
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.
Keywords: protocols, commercial arbitration, business-to-business arbitration, B2B, litigation, criticism
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