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

Chapter in, SOFT LAW IN INTERNATIONAL ARBITRATION (Lawrence Newman, Michael Radine & Kabir Duggal eds., 2d ed. forthcoming 2021)

Pepperdine University Legal Studies Research Paper No. 2021/15

27 Pages Posted: 11 Mar 2014 Last revised: 25 Aug 2021

See all articles by Thomas Stipanowich

Thomas Stipanowich

Pepperdine University Caruso School of Law

Date Written: 2021

Abstract

This commentary examines the growing use of Soft Law - non-binding guidelines that increasingly 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 international 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.

Keywords: International arbitration, commercial arbitration, soft law, corporations, dispute resolution, efficiency, protocols, ICC, UNCITRAL, conflict management, arbitration tribunal, arbitration hearings, arbitration awards, motion practice, arbitral proceeding, arbitration, softlaw

Suggested Citation

Stipanowich, Thomas, Soft Law in the Organization and General Conduct of Commercial Arbitration Proceedings (2021). Chapter in, SOFT LAW IN INTERNATIONAL ARBITRATION (Lawrence Newman, Michael Radine & Kabir Duggal eds., 2d ed. forthcoming 2021), Pepperdine University Legal Studies Research Paper No. 2021/15, Available at SSRN: https://ssrn.com/abstract=2407187

Thomas Stipanowich (Contact Author)

Pepperdine University Caruso School of Law ( email )

24333 Baxter Drive
Malibu, CA 90265
United States
310-506-4389 (Phone)
310-506-4437 (Fax)

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