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Arbitration And Choice: Taking Charge Of The 'New Litigation', Thomas J. Stipanowich
Arbitration And Choice: Taking Charge Of The 'New Litigation', Thomas J. Stipanowich
Thomas J. Stipanowich
Despite meaningful efforts to promote better practices and ensure quality among arbitrators and advocates, criticism of American arbitration is at a crescendo. Much of this criticism stems from the fact that arbitration under standard procedures has taken on the trappings of litigation - extensive discovery and motion practice, highly contentious advocacy, long cycle time and high cost. Paradoxically, concerns about the absence of appeal on the merits in arbitration have caused some to craft provisions calling for judicial review for errors of law or fact in awards. It is time to return to fundamentals in American arbitration. Those who seek …