The tide of arbitration is shifting toward a less expensive, more efficient process. That wave has been building for a while, as users increasingly have lamented the fact that arbitration had become a clone of litigation, with extensive discovery and motion practice, combative advocacy and cases that dragged on while costs and contentious mounted. Providers of arbitration services and commentators have been aware of the predicament for years. Their entreaties to simplify the process and return to the original purpose of arbitration, in order to offer an expedited alternative to resolve disputes, went largely unheeded by counsel, who are litigators at heart running the process by agreement with like-minded opponents.
In its commentary accompanying the adoption of its “2010 Protocols for Expeditious, Cost???Effective Commercial Arbitration,” the College of Commercial Arbitrators observed: “Arbitrators, intent upon striking a balance between fundamental fairness and efficiency, may be reluctant to push parties to limit such practices or to keep to schedule, especially when all parties have agreed to wide???ranging discovery. These tendencies are likely to be reinforced by the reality that arbitration is founded on an agreement between the parties, leading to the common and reasonable perception that arbitrators have no business second???guessing
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]