Legal Business

The Innovator

 MARKET VIEW – ARBITRATION 

What’s next for the institution that pioneered the now-ubiquitous emergency arbitrator provision? WilmerHale partner John Pierce talks to American Arbitration Association senior vice president Richard Naimark to find out

In the context of dispute resolution, ‘US-style’ rarely denotes a positive quality. Be it for the brand of aggressive cross-examination practised in courts from New York to Nevada, or a class action system whose excesses are slammed by European legislators when introducing their own forms of collective redress, American lawyers are seen by many as having much to answer for. Such criticisms are to some extent offset by the influence such practitioners continue to exert on the global stage, with international arbitration being no exception. Indeed, London-headquartered Freshfields Bruckhaus Deringer aside, the industry’s busiest players are, to a firm, American. Given this predominance, it is to be expected that US-style practices would bleed into international arbitration – the most unloved and increasingly prevalent of which remains its approach to document production.