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Economic Analysis of the Arbitrator’s Function

Economic Analysis of the Arbitrator’s Function

  • Author:
  • Publisher: Kluwer Law International
  • ISBN: 9789403522654
  • Published In: November 2020
  • Format: Hardback
  • Jurisdiction: International ? Disclaimer:
    Countri(es) stated herein are used as reference only

List Price: HKD 1,780.00

HKD 1,726.60 Save HKD 53.40 (3%)

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  • Description 
  • Contents 
  • Details

    About this book:

    Economic Analysis of the Arbitrator’s Function is a pioneering book that provides a systematized in-depth study of the functioning of the market for arbitrators, comprising a comprehensive analysis of its elements, elasticity, efficiency, imperfections and competition matters. The growing demand for arbitration in the market solicits a proportional supply of efficient and rational functioning by the arbitrators. This perceptive book sheds light on the arbitrators’ strategic behavior, motivations and psychological work on bounded rationality, with respective economic analysis.

    What’s in this book:

    Several references to customs and procedures in major arbitral jurisdictions and to international laws and conventions that influence arbitration are highlighted in this book.

    The author tackles in detail such salient issues as the following:

    • effect of perceived inefficiencies and high costs on arbitration legitimacy;
    • alleged commercialization of the arbitrator’s function;
    • possible ethical problem raised by financial remuneration for rendering justice;
    • what motivates a person to arbitrate;
    • market for arbitrators’ functioning and failures, providing a better understanding of how actors could behave in such a specific market;
    • structural and artificial entry barriers;
    • effect of an arbitrator’s strategic behavior on the arbitrator’s function;
    • limitations on an arbitrator’s rationality; and
    • preventing and correcting these limitations

    How this will help you:

    The originality of the economic analysis of the arbitrator’s function will enable the interested parties, counsels and institutions worldwide to better understand and predict arbitrators’ behavior. Arbitrators, policymakers, regulators and academics will be empowered to pave the way for improved efficiency and betterment in arbitration globally.

  • About the Author

    Foreword

    Preface

    List of Abbreviations

    Acknowledgments

    Introduction

    PART I
    The Market for Arbitrators

    CHAPTER 1
    The Market for Arbitrator’s Formation and Its Critics

    CHAPTER 2
    Identifying the Market for Arbitrators

    CHAPTER 3
    The Impossibility of Verifying Equilibrium in the Market for Arbitrators

    CHAPTER 4
    The Imperfections of the Market for Arbitrators

    PART II
    The Arbitrator: An Economic Actor

    CHAPTER 5
    The Rational Decision-Maker Arbitrator: Unveiling the Arbitrator’s Utility Function

    CHAPTER 6
    Arbitrators’ Strategic Behavior: The Rational Choice Theory at Stake

    CHAPTER 7
    The Limitation of the Rationality of Arbitrators

    CHAPTER 8
    Freeing the Arbitrator from Limited Rationality: Some Proposed Solutions

    General Conclusion

    Appendices

    APPENDIX 1
    Questionnaire for Experienced Arbitrators: Interviews

    APPENDIX 2
    Prospective Arbitrators Survey

    Bibliography

    Table of Cases

    Index

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