Privatizing the Adjudication of International Commercial Disputes: The Relevance of Organizational Form
Kevin E. Davis
New York University School of Law
September 13, 2010
NYU Law and Economics Research Paper No. 11-01
What role should for-profit organizations play in governing commercial transactions? Recent scholarship on the privatization of commercial law has advocated expanding the role of for-profits. This essay tests the merits of that proposal in a context where the case for relying on for-profits seem particularly strong, namely the adjudication of international commercial disputes. Both theory and evidence suggest that there is a role for providers of dispute resolution services that take a variety of organizational forms, including for-profits, not-for-profits, international organizations and various kinds of hybrid organizations.
Number of Pages in PDF File: 34
Date posted: January 15, 2011