Arbitration Literature

in Thomas Schultz and Federico Ortino (eds), Oxford Handbook of International Arbitration, OUP 2019 (Forthcoming)

30 Pages Posted: 5 Apr 2019

See all articles by Thomas Schultz

Thomas Schultz

King's College London; University of Geneva; Graduate Institute of International and Development Studies (IHEID) - Geneva Center for International Dispute Settlement (CIDS); Graduate Institute of International and Development Studies

Niccolò Ridi

King’s College London, Dickson Poon School of Law; Graduate Institute of International and Development Studies (IHEID); University of Liverpool School of Law and Social Justice

Date Written: March 12, 2019

Abstract

International arbitration entertains a particular relationship with its own literature – the written knowledge in the field and about the field. This relationship is marked by one big mix, be it in the form of competition or cooperation, of practitioners who use it, legal entrepreneurs who make and change it, and scholars who analyse it, with more or less permanent alternations and confusions of these roles. Of course, Schrödinger’s Cat-type problems make some of this intertwinement inevitable: Indeed, can one really analyse it without, by the same token, changing it by giving a certain representation of it? Can one use it without analysing it and, by using it, changing it? Can one make it without, in sense, using it and at least pretending to analyse it? Not really. But in arbitration, this relationship (call it, quite normatively, expertise-enhancing cross-fertilisation or rather mind-narrowing dogmatic collusion, as you will) has a strength that would probably appear curious, and worth investigating, in many other fields in which public interests are at stake.

This is what this chapter starts doing. It offers to put the starting point of this investigation in knowledge, empirically acquired and then abstractly, intuitively typologized. The chapter moves in two main parts. The first asks questions such as: What sort of literature has the field produced? By whom and citing whom? On what topics? Which journals structure the field, which landmark books have guided it? Who are, citation-wise, the great, impactful authors of international arbitration, and how do they cluster in groups? We seek to answer these questions with a scientometric analysis. The second part of the chapter then offers a typology of the main types of literature that fuel the field, and suggests hopefully credible hypotheses about the factors that determine what gets written, by whom, and where.

Keywords: international arbitration, scientometrics, scholarship, academic literature

JEL Classification: K41

Suggested Citation

Schultz, Thomas and Ridi, Niccolò, Arbitration Literature (March 12, 2019). in Thomas Schultz and Federico Ortino (eds), Oxford Handbook of International Arbitration, OUP 2019 (Forthcoming). Available at SSRN: https://ssrn.com/abstract=3351335

Thomas Schultz (Contact Author)

King's College London ( email )

Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom

University of Geneva ( email )

102 Bd Carl-Vogt
Genève, CH - 1205
Switzerland

Graduate Institute of International and Development Studies (IHEID) - Geneva Center for International Dispute Settlement (CIDS) ( email )

Villa Moynier
Rue de Lausanne 120b
Geneva, 12011
Switzerland

Graduate Institute of International and Development Studies ( email )

Geneva
Switzerland

Niccolò Ridi

King’s College London, Dickson Poon School of Law ( email )

Strand
United Kingdom

Graduate Institute of International and Development Studies (IHEID) ( email )

PO Box 136
Geneva, CH-1211
Switzerland

University of Liverpool School of Law and Social Justice ( email )

Liverpool
United Kingdom

HOME PAGE: http://https://www.liverpool.ac.uk/law/staff/niccolo-ridi/

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