3 ms·
> And business-to-business arbitrations tend to have many of the procedures (and expense) of litigation--lawyers, briefing, hearings, etc. One respected schola
by dctoedt 8y ago
> And business-to-business arbitrations tend to have many of the procedures (and expense) of litigation--lawyers, briefing, hearings, etc.
One respected scholar, Prof. Tom Stipanowich, suggests that this is because lawyers have incentives to import familiar and expensive procedures from litigation (because they hate to lose and therefore want all the discovery and motion practice that they can get), and arbitrators have incentives not to push back too hard against these lawyers (because lawyers can object to the appointment of an arbitrator, and so arbitrators don't want to develop a reputation among lawyers as "difficult"). [0]
[0] https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1297526 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1297526