In what some would say has become an ever growing “arbitration nation,” an increasing number of cases are being resolved through arbitration rather than court. Arbitration of complex commercial cases, particularly with contractual and employment disputes, has proven to offer greater privacy, speed and economics over court proceedings for achieving a resolution acceptable to all parties. Though the flexibility of the process makes it an excellent forum for resolving these complex cases, arbitration’s fundamental principles can conflict with the necessities of a large corporate dispute.
This book, written by experienced practitioners and arbitrators discuss the arbitration process, and offer their best advice for determining when to use it, how to select an arbitrator and how to streamline a complex commercial dispute in arbitration.
Summary of ContentsThe Complex Commercial Case in Arbitration
- Introduction III. History of Arbitration
- The Trend Towards Arbitration
- The Pros and Cons of Arbitration in Complex Commercial Cases
- Biases Towards Repeat Players?
- The Preliminary Conference
- Discovery in Arbitration of Complex Commercial Cases
- Arbitration Awards
- A Summary of Recent Supreme Court Cases
- Considerations for Increasing the Efficiency of Arbitration
Appendix A: JAMS Comprehensive Arbitration Rules & Procedures
Appendix B: JAMS Streamlined Arbitration Rules & Procedures
Appendix C: JAMS Recommended Arbitration Discovery Protocols for Domestic, Commercial Cases
Appendix D: AAA Commercial Arbitration Rules and Mediation Procedures
Appendix E: Reported Opinion of Judge McHugh from Styczynski v. MarketSource,
Inc., 340 F.Supp.3d 534 (E.D. Pa. 2018)
Appendix F: Sample Preliminary Hearing and Scheduling Order
Appendix G: Sample Form Petition to Confirm Arbitration Award (Pennsylvania)
Appendix H: Recent United States Supreme Court Opinions on Arbitration