Contextual Analysis in Arbitration

12 Pages Posted: 12 Sep 2018

See all articles by Pat K. Chew

Pat K. Chew

University of Pittsburgh - School of Law

Date Written: 2017

Abstract

The arbitration process is embedded in a much larger context than the four walls in which the arbitration occurs. Exploring and studying that context—including the arbitral institution, the arbitrators, each party, the arbitration process, and the broader cultural and political environment— inform what actually occurs and to what extent one party may have inherent advantages over the other. This article illustrates this contextual analysis in two diverse settings: domestic employment arbitrations and international trade arbitrations. These analyses reveal one party’s advantages over the other, which are explained in part by market and cultural forces in which these arbitrations are embedded. Interdisciplinary, empirical, and cross-cultural insights further complement these analyses.

Keywords: contextual analysis, domestic arbitration, international arbitration

Suggested Citation

Chew, Pat K., Contextual Analysis in Arbitration (2017). SMU Law Review, Vol. 70, p. 837, 2017; U. of Pittsburgh Legal Studies Research Paper No. 2018-28. Available at SSRN: https://ssrn.com/abstract=3240636

Pat K. Chew (Contact Author)

University of Pittsburgh - School of Law ( email )

3900 Forbes Ave.
Pittsburgh, PA 15260
United States
412-648-1378 (Phone)

HOME PAGE: http://www.law.pitt.edu/people/pat-k-chew

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