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...

In this article, Professor Stipanowich extensively explores the entire transactional system surrounding contracts for design and construction of the built environment. He examines the legal landscape of construction, focusing on “cases of trouble,” and evaluates options for reforming the...

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 -...

In this chapter introducing a book developed for companies operating in the EU, Professor Stipanowich summarizes many of the potential benefits of mediation for businesses, including continuing control by parties over dispute resolution process and product; customization of the dispute...

Today as never before, commercial dispute processing is “mixed mode,” with business parties and counsel employing a variety of diverse approaches in order to promote their varied priorities in resolving conflict. Just as drivers on a multi-lane highway shift from lane to lane as...

Commercial arbitration systems addressing business disputes are in a process of dynamic evolution that presents distinct challenges as well as manifold opportunities for business users and for those who provide services as counselors, advocates, arbitrators and institutional arbitration...

This commentary examines the growing use of Soft Law - non-binding guidelines that increasingly 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...