Tell It to the Arbitrators and Arbitration Providers: Survey for Domestic Arbitration Commercial Cases

Question Title

* 1. Selecting the Arbitrators
For cases between $1 and $3 million, do you prefer 3 arbitrators?

Yes

Sometimes

Comments:

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* 2. For cases over $3 million, do you prefer 3 arbitrators?

Yes

Sometimes

Comments:

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* 3. What is the average arbitrator hourly rate your clients have paid?

Approximately $400

Approximately $500

Above $600

Comments:

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* 4. Would you like to interview prospective arbitrators?

Yes

Sometimes

Comments:

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* 5. In cases with party-appointed arbitrators, do you help your party-appointed arbitrator select the chair?

Yes

Sometimes

Comments:

Question Title

* 6. Arbitration Costs and Time
What is the average total cost of administrative fees and arbitrator costs (that all parties together have paid) in your single arbitrator cases from filing through a 5 day trial?

Approximately $50,000 to $75,000

Approximately $75,001 to $100,000

It depends

Comments:

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* 7. Do you believe that there is an overall cost savings to be gained from arbitrating instead of litigating cases?

Yes

It depends

Comments:

Question Title

* 8. What is the average length of time from filing to trial in your arbitrations where the matter involves claims or counterclaims between $1 and $3 million?

6-9 months

More than 9 months

Comments:

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* 9. What is the average length of time from filing to trial in your arbitrations where the matter involves claims or counterclaims that exceed $3 million?

6-9 months

More than 9 months

Comments:

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* 10. Do you believe that the average length of time from filing to trial in your arbitrations…

Is too long

Is too short

It depends on the case

Comments:

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* 11. Dispositive Motions
Should arbitrators permit the filing of dispositive motions more often?

Yes

Comments:

Question Title

* 12. Discovery
Which of these discovery methods do you prefer in arbitration? (select all that apply)

Exchange of hearing exhibits only

Document exchange only

Depositions

Interrogatories

Document subpoenas

Deposition subpoenas

Comments:

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* 13. Do you use ESI protocols in discovery in arbitration?

Yes

Comments:

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* 14. Do you find that arbitrators meet your discovery needs?

Mostly yes

Mostly no

Comments:

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* 15. In addressing discovery disputes in arbitration, you prefer the following procedures be used (select all that apply)

Exchange of discovery dispute letters

Discovery motion papers

Discovery dispute conferences

Discovery dispute hearing

Comments:

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* 16. Do you prefer to file pre-trial briefs?

Mostly yes

Mostly no

It depends

Other (please specify)

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* 17. Do you prefer to file post-trial briefs?

Mostly yes

Mostly no

It depends

Other (please specify)

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* 18. Do you prefer to give opening statements?

Mostly yes

Mostly no

It depends

Other (please specify)

Question Title

* 19. Do you prefer to have closing arguments?

Mostly yes

Mostly no

It depends

Other (please specify)

Question Title

* 20. Do you prefer to use electronic exhibits?

Mostly yes

Mostly no

It depends

Other (please specify)

Question Title

* 21. Do you prefer to have joint exhibits in addition to separate exhibits?

Mostly yes

Mostly no

It depends

Other (please specify)

Question Title

* 22. Do you prefer to have some stipulated facts?

Mostly yes

Mostly no

It depends

Other (please specify)

Question Title

* 23. Are you in favor of direct examination through the use of written witness statements?

Mostly yes

Mostly no

Combination of written statements and direct oral testimony

Other (please specify)

Question Title

* 24. Do you favor arbitrators asking witnesses questions?

Sometimes

Never

It depends

Other (please specify)

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* 25. Which format of hearings do you prefer?

Virtual only

In person only

Combination of in person and virtual

Other (please specify)

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* 26. Do you request a Reasoned Award?

Sometimes

Never

Comments:

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* 27. If you have sought to vacate an arbitration award, what grounds have you argued? (select all that apply)

Have not sought vacatur

The award was procured by corruption, fraud, or undue means

There was evident partiality or corruption in the arbitrators

The arbitrators engaged in misconduct in refusing to postpone the hearing, refusing to hear evidence or other misbehavior

The arbitrators exceeded their powers

The arbitrators lacked jurisdiction

The award is in manifest disregard of the law or is irrational

The award violates public policy

Comments:

Tell It to the Arbitrators and Arbitration Providers: Survey for Domestic Arbitration Commercial Cases

Question Title

* 1. Selecting the ArbitratorsFor cases between $1 and $3 million, do you prefer 3 arbitrators?

Question Title

* 2. For cases over $3 million, do you prefer 3 arbitrators?

Question Title

* 3. What is the average arbitrator hourly rate your clients have paid?

Question Title

* 4. Would you like to interview prospective arbitrators?

Question Title

* 5. In cases with party-appointed arbitrators, do you help your party-appointed arbitrator select the chair?

Question Title

* 6. Arbitration Costs and TimeWhat is the average total cost of administrative fees and arbitrator costs (that all parties together have paid) in your single arbitrator cases from filing through a 5 day trial?

Question Title

* 7. Do you believe that there is an overall cost savings to be gained from arbitrating instead of litigating cases?

Question Title

* 8. What is the average length of time from filing to trial in your arbitrations where the matter involves claims or counterclaims between $1 and $3 million?

Question Title

* 9. What is the average length of time from filing to trial in your arbitrations where the matter involves claims or counterclaims that exceed $3 million?

Question Title

* 10. Do you believe that the average length of time from filing to trial in your arbitrations…

Question Title

* 11. Dispositive Motions Should arbitrators permit the filing of dispositive motions more often?

Question Title

* 12. Discovery Which of these discovery methods do you prefer in arbitration? (select all that apply)

Question Title

* 13. Do you use ESI protocols in discovery in arbitration?

Question Title

* 14. Do you find that arbitrators meet your discovery needs?

Question Title

* 15. In addressing discovery disputes in arbitration, you prefer the following procedures be used (select all that apply)

Question Title

* 16. Do you prefer to file pre-trial briefs?

Question Title

* 17. Do you prefer to file post-trial briefs?

Question Title

* 18. Do you prefer to give opening statements?

Question Title

* 19. Do you prefer to have closing arguments?

Question Title

* 20. Do you prefer to use electronic exhibits?

Question Title

* 21. Do you prefer to have joint exhibits in addition to separate exhibits?

Question Title

* 22. Do you prefer to have some stipulated facts?

Question Title

* 23. Are you in favor of direct examination through the use of written witness statements?

Question Title

* 24. Do you favor arbitrators asking witnesses questions?

Question Title

* 25. Which format of hearings do you prefer?

Question Title

* 26. Do you request a Reasoned Award?

Question Title

* 27. If you have sought to vacate an arbitration award, what grounds have you argued? (select all that apply)

Question Title

* 28. Any additional comments:

* 1. Selecting the Arbitrators
For cases between $1 and $3 million, do you prefer 3 arbitrators?

* 6. Arbitration Costs and Time
What is the average total cost of administrative fees and arbitrator costs (that all parties together have paid) in your single arbitrator cases from filing through a 5 day trial?

* 11. Dispositive Motions
Should arbitrators permit the filing of dispositive motions more often?

* 12. Discovery
Which of these discovery methods do you prefer in arbitration? (select all that apply)