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Selected Works

Thomas J. Stipanowich

Arbitration awards

Articles 1 - 3 of 3

Full-Text Articles in Law

Soft Law In The Organization And General Conduct Of Commercial Arbitration Proceedings, Thomas Stipanowich Dec 2013

Soft Law In The Organization And General Conduct Of Commercial Arbitration Proceedings, Thomas Stipanowich

Thomas J. Stipanowich

This commentary examines the growing use of Soft Law - non-binding guidelines that currently play an important role in organizing and conducting commercial arbitration proceedings. Standards such as the UNCITRAL Notes on Organizing Arbitral Proceedings, the ICC Techniques for Controlling Time and Costs in Arbitration, and the Protocols for Expeditious, Cost-Effective Commercial Arbitration have evolved from professional discourse regarding process management and more particular concerns about cost, delay and inefficiency in arbitration. Collectively, these guidelines reflect a growing recognition that deliberate and proactive effort by business users, counsel, arbitrators and provider institutions is critical to making the most of arbitration and ...


Punitive Damages And The Consumerization Of Arbitration, Thomas J. Stipanowich Dec 1996

Punitive Damages And The Consumerization Of Arbitration, Thomas J. Stipanowich

Thomas J. Stipanowich

In this sequel to his 1986 article on punitive damages in arbitration, Professor Stipanowich explores the issues at the heart of the debate over whether punitive or exemplary damages should be available in arbitration between investors and securities brokers and firms. He critiques relevant proposals by the NASD’s Ruder Commission and examines mechanisms for more effectively addressing the punitive damages issue. This article predates and foreshadows the eventual recognition of the authority of securities arbitrators to award punitive damages.


Punitive Damages In Arbitration: Garrity V. Lyle Stuart, Inc. Reconsidered, Thomas J. Stipanowich Dec 1985

Punitive Damages In Arbitration: Garrity V. Lyle Stuart, Inc. Reconsidered, Thomas J. Stipanowich

Thomas J. Stipanowich

In this article, Professor Stipanowich discusses the evolution of arbitration as a wide-ranging “surrogate” for civil trial and the debate over arbitrators’ power to levy awards of punitive or exemplary damages. He exhaustively summarizes and analyzes relevant court decisions, policy and practical concerns.