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Empirical Findings on International Arbitration: An Overview

Oxford Handbook on International Arbitration (Forthcoming)

39 Pages Posted: 23 Dec 2016  

Christopher R. Drahozal

University of Kansas School of Law

Date Written: December 21, 2016

Abstract

This chapter surveys the existing empirical literature on international arbitration. It seeks to be thorough but does not claim to be comprehensive. The chapter focuses on quantitative rather than qualitative empirical studies, and covers studies both of international commercial arbitration and international investment arbitration. Part I describes empirical research on the use of arbitration to resolve transnational disputes — in particular, the extent to which parties use arbitration clauses in international contracts, why they do so, and the frequency of international commercial and investment arbitration proceedings. Part II examines arbitral procedures, and Part III considers the applicable law in international commercial arbitration. Part IV looks at the demographics of international arbitrators, with emphasis on their diversity (or lack thereof), and arbitrator decisionmaking, in particular potential biases of party-appointed arbitrators, whether arbitrators make compromise awards, and the psychological aspects of arbitrator decisionmaking. Part V looks at the controversy over studies of outcomes in investment arbitrations. Finally, Part VI examines empirical studies of compliance with and enforcement of international arbitration awards, while Part VII considers their precedential effect, if any.

Keywords: International Arbitration, Dispute Resolution, Empirical Studies

JEL Classification: K12, K33, K41

Suggested Citation

Drahozal, Christopher R., Empirical Findings on International Arbitration: An Overview (December 21, 2016). Oxford Handbook on International Arbitration (Forthcoming). Available at SSRN: https://ssrn.com/abstract=2888552 or http://dx.doi.org/10.2139/ssrn.2888552

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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