Tell It to the Arbitrators and Arbitration Providers: Survey for Domestic Arbitration Commercial Cases
1.
Selecting the Arbitrators
For cases between $1 and $3 million, do you prefer 3 arbitrators?
Yes
No
Sometimes
Comments:
2.
For cases over $3 million, do you prefer 3 arbitrators?
Yes
No
Sometimes
Comments:
3.
What is the average arbitrator hourly rate your clients have paid?
Approximately $400
Approximately $500
Above $600
Comments:
4.
Would you like to interview prospective arbitrators?
Yes
No
Sometimes
Comments:
5.
In cases with party-appointed arbitrators, do you help your party-appointed arbitrator select the chair?
Yes
No
Sometimes
Comments:
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:
7.
Do you believe that there is an overall cost savings to be gained from arbitrating instead of litigating cases?
Yes
No
It depends
Comments:
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:
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:
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:
11.
Dispositive Motions
Should arbitrators permit the filing of dispositive motions more often?
Yes
No
Comments:
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:
13.
Do you use ESI protocols in discovery in arbitration?
Yes
No
Comments:
14.
Do you find that arbitrators meet your discovery needs?
Mostly yes
Mostly no
Comments:
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:
16.
Do you prefer to file pre-trial briefs?
Mostly yes
Mostly no
It depends
Other (please specify)
17.
Do you prefer to file post-trial briefs?
Mostly yes
Mostly no
It depends
Other (please specify)
18.
Do you prefer to give opening statements?
Mostly yes
Mostly no
It depends
Other (please specify)
19.
Do you prefer to have closing arguments?
Mostly yes
Mostly no
It depends
Other (please specify)
20.
Do you prefer to use electronic exhibits?
Mostly yes
Mostly no
It depends
Other (please specify)
21.
Do you prefer to have joint exhibits in addition to separate exhibits?
Mostly yes
Mostly no
It depends
Other (please specify)
22.
Do you prefer to have some stipulated facts?
Mostly yes
Mostly no
It depends
Other (please specify)
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)
24.
Do you favor arbitrators asking witnesses questions?
Sometimes
Never
It depends
Other (please specify)
25.
Which format of hearings do you prefer?
Virtual only
In person only
Combination of in person and virtual
Other (please specify)
26.
Do you request a Reasoned Award?
Sometimes
Never
Comments:
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:
28.
Any additional comments:
