Privatizing the Adjudication of International Commercial Disputes: The Relevance of Organizational Form

34 Pages Posted: 15 Jan 2011  

Kevin E. Davis

New York University School of Law

Date Written: September 13, 2010

Abstract

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.

Suggested Citation

Davis, Kevin E., Privatizing the Adjudication of International Commercial Disputes: The Relevance of Organizational Form (September 13, 2010). NYU Law and Economics Research Paper No. 11-01. Available at SSRN: https://ssrn.com/abstract=1739828 or http://dx.doi.org/10.2139/ssrn.1739828

Kevin E. Davis (Contact Author)

New York University School of Law ( email )

40 Washington Square South
Vanderbilt Hall, Room 335
New York, NY 10012-1099
United States
212-992-8843 (Phone)

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