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Arbitration: Practice, Policy, and Law, First Edition

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Authors
  • Thomas J. Stipanowich
  • Amy J. Schmitz
Series / Aspen Casebook Series
BOOKMARK
Book length
358 pages
Publication Date
2022-09-14
Edition
First Edition
Teaching Materials
NO
Description
Table of contents
Preface

Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes.



Arbitration: Practice, Policy, and Law provides students with a practice-based approach that helps them apply legal concepts under the Federal Arbitration Act and other laws, and better identify the value of arbitration practice and procedures. This casebook provides vivid examples from actual cases, literature, and current media. It also offers diverse readings by leading authors, along with comprehensive attention to prominent developments in the field and access to video interviews of 100 arbitrators and leading arbitration scholars. The text integrates coverage of law, ethics, and practice, as well as interesting notes, thoughtful problems, and provocative questions. It includes all the coverage of arbitration found in Resolving Disputes, the survey text.

Professors and students will benefit from:

  • Strong authorship, from leading scholar-practitioners at the two #1 law schools in Dispute Resolution—Pepperdine and Ohio State University.
  • A practice-based approach that helps students apply concepts, including realistic roleplays, exercises, and problems that facilitate classroom discussion.
  • Concise content, with organization and readings designed to support a class that considers law in the context of practice, instead of solely focusing on law – as is common with most arbitration casebooks.
  • Informal writing style, interesting examples, practical advice, and thought-provoking questions, all written specifically for law students who will soon represent clients in resolving disputes.
  • A variety of carefully designed, skills-oriented exercises on negotiating and drafting arbitration and dispute resolution procedures, conducting and managing arbitration processes, and deliberating and drafting arbitration awards.
  • Unique attention to technology, and the role is now plays in modern arbitration practice.
  • Discrete treatment of arbitration practice in business-to-business settings and consumer or employment scenarios.
  • Access to 100 interviews with arbitration leaders.
  • An overview of the many forms of arbitration, and the flexibility inherent in arbitration as a consensual dispute resolution process.
  • Unique treatment of mixed mode scenarios involving forms of interplay between arbitration and mediation or negotiation.
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Table of Contents
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Preface
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About the authors
Thomas Stipanowich
Professor
Pepperdine University School of Law

Thomas J. Stipanowich is William H. Webster Chair in Dispute Resolution and Professor of Law at Pepperdine University School of Law, where for fifteen years he was Academic Director and later, Dean of the Straus Institute for Dispute Resolution. He has had a distinguished career as a scholar, teacher, speaker, and leader in the field along with wide-ranging experience as a commercial and construction mediator and arbitrator (now with JAMS), federal court special master, and facilitator. From 2001 until mid-2006, he served as CEO of the International Institute for Conflict Prevention & Resolution (CPR).

The longtime William L. Matthews Professor of Law at the University of Kentucky, he has authored two of the leading books on commercial arbitration and many articles on ADR, including the highly respected and influential five-volume treatise Federal Arbitration Law (with Ian Macneil and Richard Speidel), named Best New Legal Book by the Association of American Publishers. He received the CPR Best Professional Article award (2010) for "Arbitration, The ‘New Litigation’" and "Arbitration and Choice," and served as editor-in-chief of the award-winning College of Commercial Arbitrators Protocols for Expeditious, Cost-Effective Arbitration. He served on the Advisory Board of the Restatement of U.S. Law on International Arbitration and the New York International Arbitration Center. He also helped found a regional mediation center and has served as an advisor or reporter for many other initiatives in the field.

In 2019, he was named a member of the Distinguished Affiliated Global Faculty of Peking University School of Law (Beida) and was the first non-Indian honored as a Distinguished Professor of Law by National Law University Delhi. In 2008, he was awarded the highest honor of the ABA Dispute Resolution Section, the D’Alemberte-Raven Award for contributions to the field of conflict resolution, and was only the fourth individual (and the first American) to hold the title of Companion, the highest honor accorded by the Chartered Institute of Arbitrators.

Amy J. Schmitz
Professor
University of Missouri School of Law

Professor Amy J. Schmitz is a full professor at The Ohio State Moritz College of Law and Program on Dispute Resolution as the John Deaver Drinko-Baker & Hostetler Endowed Chair in Law and a Co-Director of the Translational Data Analytics Institute (TDAI) CoP for Responsible Data Science at The Ohio State University. She also created and directs the JusticeTech Program and is affiliated with The Ohio State Program on Data Governance and the Divided Community Project. Before teaching at Ohio State, Professor Schmitz taught at the University of Missouri School of Law and Center for Dispute Resolution as the Elwood L. Thomas Missouri Endowed Professor of Law, starting in 2016. Previously she was a Professor at the University of Colorado School of Law for over 16 years. Prior to teaching, Professor Schmitz practiced law with large law firms in Seattle and Minneapolis and served as a law clerk for the U. S. Court of Appeals for the 8th Circuit. Professor Schmitz teaches courses in Law and Technology/JusticeTech, Contracts, Lawyering and Problem-Solving, Online Dispute Resolution (ODR), Arbitration, International Arbitration, Social Media and Conflict, and Uniform Commercial Code. She has been heavily involved in Arbitration and LegalTech teaching and research for a long time, is a Fellow of the National Center for Technology and Dispute Resolution, and was the Co-Chair of the ABA Technology Committee of the Dispute Resolution Section and the ODR Task Force. Professor Schmitz is also an elected member of the American Law Institute and the 2023 winner of the Association of American Law Schools Technology, Law and Legal Education Section Award as well as the ABA Section on Dispute Resolution Scholarly Achievement Award in 2025.

Professor Schmitz has delivered over 185 presentations and hosts The Arbitration Conversation, a highly regarded webcast (100 episodes on UTube) that moved to a podcast (17 episodes and more coming). She also is a researcher with the ACT Project exploring AI and dispute resolution at the Cyberjustice Laboratory in Montreal, Canada, and is heavily involved in discussions and research around technology, dispute resolution, and access to justice. She has published over 90 articles in journals and books, is a co-author of Resolving Disputes: Theory, Practice and Law (Aspen 2021), the book with Stipanowich, Arbitration: Theory, Practice and Law (Aspen 2022), a book with C. Rule, The New Handshake: Online Dispute Resolution and the Future of Consumer Protection (ABA 2017), and most recently, The Arbitration Conversation: Insights and Wisdom from Experts in the Field (ABA 2024). She has received the Inst. for Conflict Prevention and Resolution (CPR) Award for one of her articles as well as the CPR Book Award in 2023 and again in 2025. Amy has been an Expert Consultant on two USAID Projects, two Fulbright Specialist grants, and does research, teaching and presentations throughout the world. See also Amy Schmitz | Moritz College of Law (osu.edu).
Product Information
Edition
First Edition
Publication date
2022-09-14
Copyright Year
2022
Pages
358
Connected eBook + Paperback
9781543859188
Connected eBook (Digital Only)
9798886144970
Subject
Dispute Resolution , Arbitration
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