Private Selection and Arbitration Neutrality

Alon Klement and Zvika Neeman

No 19179, Working Paper Series from Victoria University of Wellington, The New Zealand Institute for the Study of Competition and Regulation

Abstract: This paper examines the effects that the private selection of arbitrators have over arbitrators' incentives in deciding the cases before them over the arbitrators' implied bias. These effects have important implications for the design of Arbitration rules by Arbitration and Dispute Resolution providers as well as by other organizations that rely on arbitration for the resolution of disputes among their members. We show that private selection of arbitrators might adversely affect the accuracy of arbitrators' decisions because arbitrators might want to make an incorrect decision when a correct decision would carry the inference that they are biased. We compare the accuracy of arbitrators' decisions under different arbitrator selection procedures.

Date: 2011
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Persistent link: https://EconPapers.repec.org/RePEc:vuw:vuwcsr:19179

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