Busting Arbitration Myths

15 Pages Posted: 5 Jul 2011

Date Written: July 3, 2011

Abstract

This paper presents an arbitration version of the MythBusters television show. It employs a MythBusters-type approach - subjecting commonly held views to empirical testing - to examine several commonly held myths about arbitration. It finds: (1) the myth that the number of arbitration proceedings held in a country increases after it enacts a new arbitration statute is confirmed, although to nowhere near the extent predicted by some supporters of new arbitration laws; (2) the myth that parties commonly agree to have their disputes resolved under the new Law Merchant in lieu of national law is busted; and (3) the myth that arbitrators "split the baby" - i.e., make compromise awards - is busted as well.

Keywords: Arbitration, Dispute Resolution, Contracts

JEL Classification: K12, K41

Suggested Citation

Drahozal, Christopher R., Busting Arbitration Myths (July 3, 2011). Kansas Law Review, Vol. 56, No. 3, 2008. Available at SSRN: https://ssrn.com/abstract=1878007

Christopher R. Drahozal (Contact Author)

University of Kansas School of Law ( email )

Green Hall
1535 W. 15th Street
Lawrence, KS 66045-7577
United States
785-864-9239 (Phone)
785-864-5054 (Fax)

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