Arbitration in Evolution: Current Practices and Perspectives of Experienced Commercial Arbitrators - ARIA - Vol. 25, Nos. 3-4, 2014

Author(s):

Thomas J. Stipanowich

Zachary P. Ulrich

Page Count:

86 pages

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1 PDF Download

Published:

April, 2015

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I. INTRODUCTION

Today, arbitration enjoys wide and increasing use as a method of resolving

international disputes between corporations, nation-states, and individuals.1 It

remains an important alternative to litigation of domestic business disputes in the

United States and other countries2 and is the primary method of adjudicating

international commercial disputes.3

Moreover, growing numbers are seeking to promote themselves as advocates

specializing in arbitration or as “professional” arbitrators. In the U.S., the

paradigm of the commercial arbitrator has evolved from an occasional volunteer

activity into a full-time or part-time occupation.4 The growth of professionalism

is also reflected in the establishment of organizations such as the College of

Commercial Arbitrators (“CCA”), founded in 2001, which is now comprised of

many of the most experienced arbitrators in the United States.

Similar developments are being observed worldwide. In a recent address, the

Chief Justice of Singapore noted the “explosive growth in the number of new

entrants to the global arbitration community, many from diverse legal traditions.”5

This rapidly expanding community is feeding the development of, and being

fed by, a bewildering array of professional conferences and symposia, new

academic programs offering opportunities for in-depth study,6 and burgeoning

international moots.7 Through listservs8 and blogs,9 growing thousands

communicate online, en masse, on a daily basis, sharing perspectives on diverse

issues of arbitration law and practice. These latter platforms avail every selfstyled

arbitrator or arbitration practitioner of a never-ending stream of information

and free-flowing commentary, as well as a wide-open platform for personal
expression.