In Parts One and Two of this series, Disputing focused on portions of “Arbitration in Evolution: Current Practices and Perspectives of Experienced Arbitrators,” by Pepperdine University School of Law Professor Thomas Stipanowich and Straus Institute for Dispute Resolution Research Fellow Zachary Ulrich. The authors’ work examines much of the data obtained in a recent survey concerning the state of commercial arbitration practice in both U.S. and international disputes. Through their research, Professor Stipanowich and Mr. Ulrich received timely and useful information from 134 members of the College of Commercial Arbitrators (“CCA”).

The third installment in this series looks at “the rich array of techniques reflecting more proactive pre-hearing management by experienced arbitrators, including strategies for addressing dispositive motions and pre-hearing discovery,” as well as “many approaches used in the management of hearings.” In addition, the authors highlight “practices and perspectives regarding adherence to legal standards and other key issues associated with arbitrator deliberation and award-making,” and touch “on recent increases in the incidence of settlement during arbitration proceedings and a variety of topics associated with this rarely treated subject.”

According to the authors:

One of the most important developments in commercial arbitration in recent decades is the increased emphasis on pre-hearing process, particularly information exchange (or, in U.S. parlance, discovery) and motion practice. This enhanced focus on the pre-hearing stage has presented new challenges for arbitrators as process managers. In recognition of these developments, the CCA/Straus Institute Survey placed considerable emphasis on subjects’ pre-hearing management activities.

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