Arbitrators are lead actors in global dispute resolution. They are to global dispute resolution what judges are to domestic dispute resolution. Despite its global significance, arbitral decision making is a black box. This Article is the first to use original experimental research to explore how international arbitrators decide cases. We find that arbitrators often make intuitive and impressionistic decisions, rather than fully deliberative decisions. We also find evidence that casts doubt on the conventional wisdom that arbitrators render “split the baby” decisions. Although direct comparisons are difficult, we find that arbitrators generally perform at least as well as, but never demonstrably worse than, national judges analyzed in earlie...
Investment treaty arbitration has unfolded rapidly in recent years. Some observations arising from a...
As arbitration has grown by leaps and bounds, so has the role of the party-appointed arbitrator. Sur...
The best time to settle an international business dispute can be after the international arbitration...
Arbitrators are lead actors in global dispute resolution. They are to global dispute resolution what...
With the advent of the global economy, arbitration has become the preferred mechanism for resolving ...
In short, an arbitrator must have what Professor Pierre Lalive has called the ability to judge, wh...
In light of the frequent appearance of arbitration clauses in international contracts, and the volum...
With the advent of the global economy, arbitration has become the preferred mechanism for resolving ...
A party that submits a controversy to arbitration may later regret having abandoned recourse to the ...
With the advent of the global economy and the increasing number of international commercial transact...
New Zealand Law Foundation International Dispute Resolution Lecture 2013, delivered at Stone Lecture...
The issues of consistency and bias in arbitral decision-making cannot be underestimated. They have g...
A recent Court of Appeals decision has made it more difficult for judges in the United States to sec...
Judicial review of arbitral awards constitutes a form of risk management. In most countries courts m...
In the last decades, the law and practice of international arbitration worldwide has increasingly ev...
Investment treaty arbitration has unfolded rapidly in recent years. Some observations arising from a...
As arbitration has grown by leaps and bounds, so has the role of the party-appointed arbitrator. Sur...
The best time to settle an international business dispute can be after the international arbitration...
Arbitrators are lead actors in global dispute resolution. They are to global dispute resolution what...
With the advent of the global economy, arbitration has become the preferred mechanism for resolving ...
In short, an arbitrator must have what Professor Pierre Lalive has called the ability to judge, wh...
In light of the frequent appearance of arbitration clauses in international contracts, and the volum...
With the advent of the global economy, arbitration has become the preferred mechanism for resolving ...
A party that submits a controversy to arbitration may later regret having abandoned recourse to the ...
With the advent of the global economy and the increasing number of international commercial transact...
New Zealand Law Foundation International Dispute Resolution Lecture 2013, delivered at Stone Lecture...
The issues of consistency and bias in arbitral decision-making cannot be underestimated. They have g...
A recent Court of Appeals decision has made it more difficult for judges in the United States to sec...
Judicial review of arbitral awards constitutes a form of risk management. In most countries courts m...
In the last decades, the law and practice of international arbitration worldwide has increasingly ev...
Investment treaty arbitration has unfolded rapidly in recent years. Some observations arising from a...
As arbitration has grown by leaps and bounds, so has the role of the party-appointed arbitrator. Sur...
The best time to settle an international business dispute can be after the international arbitration...