The purpose of this paper is to provide an overview of the most recent public policy and ethical issues as they relate to the growing usage of nonunion employment arbitration particularly in relation to financial services firms and professional firms. In this era of increasing employment-related litigation, it is wise from an employer’s point of view to find alternative procedures that offer assurances of fairness yet provide expeditious means for resolving disputes. From an employee’s vantage point, however, it is (...) essential that the fundamental issue of procedural and substantive due process be maintained and guaranteed. Therefore, a number of strategic ethical issues arise: How should employment arbitration procedures be designed following the Due Process Protocol of the Task Force on Alternative Dispute Resolution in Employment? How should arbitration procedures follow the national rules for the resolution of employment disputes of the American Arbitration Association? Do recent court decisions shed light on these issues? What ethical principles can be gleaned from these public policy pronouncements? A final objective of this paper is to study some of the current initiatives on this topic. (shrink)

The psychology of reasoning uses norms to categorize responses to reasoning tasks as correct or incorrect in order to interpret the responses and compare them across reasoning tasks. This raises the arbitration problem: any number of norms can be used to evaluate the responses to any reasoning task and there doesn’t seem to be a principled way to arbitrate among them. Elqayam and Evans have argued that this problem is insoluble, so they call for the psychology of reasoning to (...) dispense with norms entirely. Alternatively, Stupple and Ball have argued that norms must be used, but the arbitration problem should be solved by favouring norms that are sensitive to the context, constraints, and goals of human reasoning. In this paper, I argue that the design of reasoning tasks requires the selection of norms that are indifferent to the factors that influence human responses to the tasks—which aren’t knowable during the task design phase, before the task has been given to human subjects. Moreover, I argue that the arbitration problem is easily dissolved: any well-designed task will contain instructions that implicitly or explicitly specify a single determinate norm, which specifies what would count as a solution to the task—independently of the context, constraints, and goals of human reasoning. Finally, I argue that discouraging the use of these a priori task norms may impair the design of novel reasoning tasks. (shrink)

Binding arbitration is generally less available in tort suits than in contract suits because most tort plaintiffs do not have a pre-dispute contract with the defendant, and are unlikely to consent to arbitration after the occurrence of an unforeseen injury. But the Federal Arbitration Act applies to all “contract[s] evincing a transaction involving commerce,” including contracts for healthcare and medical services. Given the broad trend towards arbitration in nearly every other business-to-consumer industry, coupled with some rollbacks (...) in tort reform measures that have traditionally favored medical professionals in the judicial system, it is very possible that we may witness in the near future more medical contracts containing arbitration provisions. As a consequence, all manner of tort claims (including negligence, loss of chance, and other allegations of medical malpractice resulting in physical and psychological injury) might be hashed out in the sequestered universe of arbitration. (shrink)

This paper develops an arbitration scheme for resolving a distribution of wealth problem by applying Nash's assumptions to marginal rather than to total utilities. The problem considered is that of distributing a fixed amount of wealth between two claimants, and the paper compares properties of this problem's Nash solution with those of the marginal utility solution. The Nash solution is shown to emphasize application of symmetry considerations to the status quo ante, the marginal utility solution their application to the (...) players' post arbitration positions (as measured by functions that fully describe the players' utilities but that are independent of positive linear transformations). It is argued that while the Nash assumptions are appropriate for many arbitration problems in which a solution reflects the players' status quo ante positions, the marginal utility assumptions are useful when it is desired that a solution attempt to minimize post-arbitration differences between the players' positions. The latter seems to be preferable in contexts where an arbitrator weights the solution's effects on out-comes more heavily than he weights considerations of the status quo ante. Examples are situations such as those involving income redistribution, where attempts to reduce inequality may guide the redistribution decisions. The effects on each type of solution of changes in the status quo ante are also investigated and related to the risk preference properties of the players' utilities. (shrink)

François-Xavier Amherdt La constellation sémantique autour de la notion d’arbitrage paraît paradoxale : d’un côté, le terme d’« arbitre » désigne celui ou celle qui, en sport par exemple, permet, par son impartialité et sa mise en oeuvre des lois du jeu, qu’une rencontre se déroule sans heurts. D’un autre, des décisions sont dites « arbitraires » précisément lorsqu’elles ne correspondent pas à l’observation des règles établies. À travers son expérience personnelle de 45 années d’arbitrage de football, l’auteur, prêtre diocésain (...) et professeur de théologie, propose une exégèse de la figure de Dieu comme « arbitre des nations » selon Isaïe, qui valorise la fonction arbitrale en tant que servante de la réconciliation, à condition d’échapper à tout arbitraire. Sur le terrain comme dans l’existence, si le premier est comme le reflet de la seconde. (shrink)

In Canada, much media attention has recently been focused on the formation of arbitration tribunals that would use Islamic law or Sharia to settle civil matters in Ontario. In fact, the idea of private parties voluntarily agreeing to arbitration using religious principles or a foreign legal system is not new. Ontario's Arbitration Act has allowed parties to resolve disputes outside the traditional court system for some time. This issue has been complicated by the fact that Canada has (...) a commitment to upholding both a policy of multiculturalism and an international obligation towards women's rights. Although these values need not necessarily conflict, in this context, they have carried a tension that must be reconciled. This paper will examine the legal implications of faith-based arbitration tribunals in family law, with a particular emphasis on the impact that Sharia could have on Muslim women in Ontario. (shrink)

Les textes -- Tiédeur et laxisme d'Érasme -- Rigueur et sobriété de Luther -- Les prédécesseurs de Luther -- Lignes do force du débat -- Que reste t-il de nos prières et de nos efforts? -- La doctrine des deux règnes -- La liberté le traite de la liberté du chrétien de M. luther -- Serf arbitre et nouvelle théologie -- L'oeil et le regard -- L'exigence de vérité -- La justification -- Essai de résumé du Traite du serf arbitre (...) de Martin Luther. (shrink)

The arbitral world is at a crucial point in its historical development, poised between two conflicting conceptions of its nature, purpose, and political legitimacy. Formally, the arbitrator is an agent of the contracting parties in dispute, a creature of a discrete contract gone wrong. Yet, increasingly, arbitrators are treated as agents of a larger global community, and arbitration houses concern themselves with the general and prospective impact of important awards. In this paper, I address these questions, first, from the (...) standpoint of delegation theory. In Part I, I introduce the basic “Principal-Agent" framework [P-A] used by social scientists to explain why actors create new institutions, and then briefly discuss how P-A has been applied to the study of courts. Part II uses delegation theory to frame discussion of arbitration as a mode of governance for transnational business and investment. In Part III, I argue that the International Center for the Settlement of Investment Disputes (ICSID) is presently in the throes of judicialization, indicators of which include the enhanced use of precedent-based argumentation and justification, the acceptance of third-party briefs, and a flirtation with proportionality balancing. Part IV focuses on the first wave of awards rendered by ICSID tribunals pursuant to Argentina's response to the crushing economic crisis of 2000-02, wherein proportionality emerged, adapted from the jurisprudence of the Appellate Body of the World Trade Organization. (shrink)

The arbitral world is at a crucial point in its historical development, poised between two conflicting conceptions of its nature, purpose, and political legitimacy. Formally, the arbitrator is an agent of the contracting parties in dispute, a creature of a discrete contract gone wrong. Yet, increasingly, arbitrators are treated as agents of a larger global community, and arbitration houses concern themselves with the general and prospective impact of important awards. In this paper, I address these questions, first, from the (...) standpoint of delegation theory. In Part I, I introduce the basic “Principal-Agent" framework [P-A] used by social scientists to explain why actors create new institutions, and then briefly discuss how P-A has been applied to the study of courts. Part II uses delegation theory to frame discussion of arbitration as a mode of governance for transnational business and investment. In Part III, I argue that the International Center for the Settlement of Investment Disputes is presently in the throes of judicialization, indicators of which include the enhanced use of precedent-based argumentation and justification, the acceptance of third-party briefs, and a flirtation with proportionality balancing. Part IV focuses on the first wave of awards rendered by ICSID tribunals pursuant to Argentina's response to the crushing economic crisis of 2000-02, wherein proportionality emerged, adapted from the jurisprudence of the Appellate Body of the World Trade Organization. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Interstate Arbitration in the Greek World, 337–90 B.C.Everett L. WheelerSheila L. Ager. Interstate Arbitration in the Greek World, 337–90 B.C.Berkeley, Los Angeles, and London: University of California Press, 1996. xvii + 579 pp. Cloth, $70, £55 (foreign). (Hellenistic Culture and Society, 18)Sheila L. Ager's massive—and impressive—volume on Hellenistic interstate arbitration rides the new wave of scholarly interest in the politically fragmented but cosmopolitan Hellenistic period. (...) Cosmopolitanism in many periods (including the present post–Cold War era) has fostered political internationalism—schemes of world government, federal unions, and mechanisms for peaceful resolution of interstate conflicts. Although the Hellenistic age enjoyed little respite from war, some scholars have hailed Greek arbitration as a model for modern imitation.A brief survey of previous scholarship on arbitration will place Ager's work in perspective. Concepts of law and internationalism dominated earlier work. Some believed that arbitration as judicial practice could be studied without distinguishing public from private or internal from interstate cases: e.g., E. Sonne, De arbitris externis, quos Graeci adhibuerunt ad lites et intestinas et [End Page 642] peregrinas componendas, quaestiones epigraphicae (1888); E. de Ruggiero, L'arbitrato pubblico in relazione col privato presso i Romani (1893); A. Steinwenter, Die Streitbeendigung durch Urteil, Schiedsspruch und Vergleich nach griechischem Recht (1925). For internationalists establishment of a permanent Court of Arbitration at The Hague in 1899 elicited a flood of scholarly interest: Greek arbitration now had contemporary relevance: e.g., W.Westermann, CJ 2 (1906–7) 197–211; L. Matthaei, CQ 2 (1908) 241–64; A. Raeder, L'arbitraire internationale chez les Hellenes (1912), published by the Nobel Institute; M. Tod, International Arbitration amongst the Greeks (1913); cf. his Sidelights on Greek History (1932) 39–68. Victor Bérard (always "Berard" in Ager) remained a voice of cynicism crying in the wilderness (De Arbitro inter Liberas Graecorum Civitates, 1894): Greeks resorted to arbitration after exhaustion in war or accepted a settlement only until a later opportunity for reopening the case arose. Study of interstate arbitration, dormant after Tod, revived with Luigi Piccirilli's corpus of Greek cases ca. 740–338 B.C.: Gli arbitrati interstatali greci (Pisa [not Florence, as Ager 578], 1973). Seven years later, A. J. Marshall reassessed Roman arbitrations in the East and accommodation of Greek practice (ANRW II.13 [1980] 626–61), on which E. S. Gruen expanded: The Hellenistic World and the Coming of Rome (1984) 96–131.Certainly more cases of arbitration/mediation are now known. Ager's study includes 171 instances for 337–90 B.C., with an appendix of 40 cases from texts too fragmentary to judge their contents accurately or instances failing to meet her criteria for inclusion as arbitration/mediation. In comparison, Ruggiero assembled a Roman corpus of 65 cases (both public and private, 191 B.C.– A.D. 282/4); Raeder, 81 Greek cases (ca. 740–ca. 100 B.C.; Tod, 82 Greek cases (ca. 740–early first cent. B.C.); and Piccirilli, 61 Greek cases (ca. 740–338 B.C.), besides 19 cases from mythological sources. But numbers easily deceive (cf. Ager 19–20): new epigraphical discoveries alone would assure greater numbers. Moreover, whereas Ruggiero, Raeder, and Tod confined their catalogues to epigraphical texts, Piccirilli and Ager include literary testimonia and a broader definition of "arbitration":, a formal judicial procedure involving selection of third–party judges to evaluate publicly presented oral and written testimony; mediation (σύλλυσις), a third party's reconciliation of disputants; and, for Ager (xiv), even "voluntary compromise."Ager's volume, a revised dissertation (University of British Columbia), continues Piccirilli's corpus: thus its initial terminus is 337 B.C.; the concluding terminus, 90 B.C., is conceded to be arbitrary. The texts follow chronological order (as opposed to Tod's regional arrangement). Only interstate cases involving Greeks as either disputant or arbiter are included, and inconsistency for inclusion is confessed: not all cases are in her view historical (i.e., no. 93, Heraclea's attempted mediation between Rome and Antiochus III), and her generous definition of "arbitration" can involve subjectivity (e.g., no. 23 [Delphi]: dikastai in a very fragmentary text qualifies it as an arbitration document; cf... (shrink)

Papers presented by three scholars from Asia, Africa and Europe, at a seminar held at the Hague Academy of International Law, Netherlands.

Investor-state-dispute-settlement is an arbitration mechanism to settle disputes between foreign investors and host-states. Seemingly a technical issue in private international law, ISDS procedures have recently become a matter of public concern and the target of political resistance, due to the power they grant to foreign investors in matters of public policies in the countries they invest in. This article examines the practice of ISDS through the lenses of liberal-statist theories of international justice, which value self-determination. It argues that the (...) investor-state arbitration system illustrates how liberal-statist theories of international distributive justice ought to care about relative socioeconomic disadvantage, contra the sufficiency principle that they typically defend. The sufficiency principle draws on a questionable conception of the freedom that self-determination consists in. (shrink)

In this article we study the different recensions of the Ṣiffīn Arbitration Agreement and classify them into six different versions. Despite the differences in length and language among them, we note that these can be traced to a source document. We then highlight the key features and terminology found in the different versions of the Ṣiffīn Arbitration Agreement and observe the striking parallels that they share with the covenants attributed to the Prophet Muḥammad. We argue that the key (...) political actors who composed the Ṣiffīn Arbitration Agreement were in all likelihood part of the same governing and administrative body that had a hand in drafting the Covenants. The startling similarities between the Ṣiffīn Arbitration Agreement and the Covenants therefore set the foundations for a comparative method that will help us better understand statecraft in the study of early Islam’s political documents. (shrink)

International arbitration has emerged as the leading forum for resolving cross-border disputes, lauded for its flexibility, global enforceability, neutrality, confidentiality, and specialized expertise. Yet, as parties, counsel, and arbitrators increasingly represent diverse linguistic backgrounds, gaps in language proficiency threaten procedural fairness and efficiency. This paper investigates how the absence of explicit language-disclosure requirements under key frameworks—specifically, the “ICC” and the “UNCITRAL”—can erode arbitral integrity. Employing both doctrinal analysis and real-world case studies spanning multiple dispute contexts, the research illustrates how (...) inadequate linguistic capacity prolongs proceedings, escalates costs, and undermines perceptions of arbitrator neutrality. By pinpointing doctrinal shortcomings and recommending targeted reforms, including mandatory linguistic disclosures, standardized self-assessments, and robust vetting processes, this study highlights the indispensable yet frequently overlooked role of language in international arbitration. Ultimately, it advocates for heightened transparency to enhance trust, bolster procedural fairness, and reinforce the legitimacy of arbitral outcomes across diverse legal and cultural landscapes. (shrink)

Utility of third party funding is an undeniable fact, especially where a party is under financial strain, yet its increased usage in private arbitration has given rise to a number of substantive and procedural issues. In view of this, the present paper attempts to map the growing utility or otherwise of the mechanism of third party funding, and analyses its various nuances and legal sustainability within the framework of international arbitration. Further, an attempt is made to analyse the (...) ways and means of ameliorating the utility of third party funding and for enhancing its acceptance in the global arbitration community. (shrink)

En publiant en 1965 Le Péché et la durée de l’ange, le P. Guérard des Lauriers, o. p. (1898-1989) offrait une contribution majeure à un débat qui divisait les thomistes. En 1946 en effet, la parution de Surnaturel du P. de Lubac avait remis en cause, textes de Thomas d’Aquin à l’appui, la thèse de l’impeccabilité naturelle de l’ange, jusqu’alors (presque) unanimement reçue dans l’École thomiste. Deux interprétations de Thomas d’Aquin polarisèrent alors le débat : la raison de la peccabilité (...) de l’ange est à rechercher ou bien dans son élévation à l’ordre surnaturel ( De malo, q. 16, a. 4), ou bien dans la structure même de la créature angélique ( Summa theologiae I a Pars, q. 63, a. 1). Servi par une herméneutique renouvelée des textes de Thomas sur la peccabilité de l’ange, et fort d’un redéploiement d’une doctrine thomiste de la liberté, articulée dans sa double dimension de spécification et d’exercice, Guérard établit que le fondement de la liberté des créatures spirituelles – et donc leur peccabilité – se situe au cœur de leur constitution métaphysique, dans la distinction réelle entre nature et personne, sans qu’intervienne nécessairement la distinction des ordres naturel et surnaturel. Son analyse pénétrante et novatrice le conduit à mettre au jour une structure du libre arbitre, laquelle intègre et unit sans confusion les deux ordres de réalité engagés dans l’acte libre : le métaphysique et le moral. Il offre ainsi une contribution de premier plan à l’élaboration d’une philosophie contemporaine de la liberté, attestant par-là la fécondité de la tradition thomiste. (shrink)

Dans la lignée de Benjamin Libet, nous opposons aux conclusions hâtives sur l’inexistence d’un véritable libre arbitre humain un scepticisme nourri par l’expérience phénoménale humaine en sa faveur. Dans ce cadre, nous nous attaquons aux deux arguments contemporains les plus sérieux à son encontre : l’activité neuronale préconsciente observée chez Libet et Soon d’une part, et la relativité de la simultanéité résultant des lois de la relativité d’Einstein d’autre part. Pour chacun, nous soulignons les tensions soulevées par les lectures des (...) phénomènes considérés hostiles au libre arbitre humain, et présentons des modèles non contradictoires qui rendent compte de ces phénomènes sans sacrifier ce dernier. L’activité préconsciente est expliquée par le pouvoir causal exercé sur le cerveau d’un désir diffus en formation au sein de l’agent, et la séparation universelle entre passé et futur est restaurée en se positionnant non plus sur le plan relatif de la temporalité, mais sur celui, absolu, de la causalité. (shrink)

Arbitration is the dispute resolution method of choice in international commerce, but it rests on a complex legal foundation. In many international commercial contracts, the parties will choose the law governing any future disputes. However, where the parties do not choose a governing law, the prevailing approach in arbitration is to afford arbitrators broad and largely unfettered discretion to choose the law considered most appropriate or most applicable. The uncertainty resulting from this discretion potentially affects the parties' rights (...) and obligations, the performance of their contract, the presentation of their cases, and negotiations undertaken to settle their disputes.In this text, Dr Benjamin Hayward critically reviews the prevailing approach to the conflict of laws in international commercial arbitration. The text adopts a focused and detail-oriented analysis - being based on a study of more than 130 sets of arbitral laws and rules from around the world, and drawing heavily on arbitral case law. Nevertheless, it remains both practical and accessible, taking as its focus the needs and expectations of commercial parties, who are the ultimate users of international commercial arbitration.This text identifies the difficulties that result from resolving conflicts of laws through broad and unconstrained arbitral discretions. It establishes that a bright-line test would be a preferable way to resolve arbitral conflicts of laws. Specifically, it recommends a modified Art. 4 Rome Convention rule as the ideal basis for law reform in this area of arbitral procedure. (shrink)

The COVID-19 pandemic has led to the widespread use of online hearings in arbitral proceedings, raising questions about the impact of such proceedings on the determination of facts underlying a dispute. This article explores the extent to which online hearings may hinder arbitrators’ ability to assess witness credibility by drawing upon the cognitive psychology literature on truthfulness determination and lie detection. A survey of the literature suggests that the ability to differentiate truthful from dishonest statements through verbal and nonverbal cues (...) is limited, leading to the notion that observing behaviors like fidgeting, gaze aversion, vocal pitch, or body posture is not particularly relevant in assessing the credibility of a witness. Instead, focusing on the content of what is reported appears to be the most relevant strategy to determine credibility. Therefore, research does not support the idea that face-to-face contact with witnesses is essential to determine the facts of a dispute. Still, the use of in-person hearings may, in practice, continue to be preferred due to underlying cultural assumptions regarding the nature of hearings, the facilitation of communication between parties, counsel, and the tribunal, and a general sense of _Zoom fatigue_. (shrink)

This objection argues that Trukovich’s Arbitration Argument establishes the need for an executive-control architecture, not consciousness. Its move from arbitration to phenomenality remains unearned, while its grounding in autopoietic stakes collapses once explicit arbitration can rank survival itself below meaning, sacrifice, or self-negation.

Arbitration is a preferred method for the resolution of international business disputes. As of yet, most publications on online arbitration deal with legal issues. In this paper, we present an Online arbitration environment that we believe facilitates the participants in a meaningful way. Our assumption is that an ODR service should be easy to use (convenient), and at the same time provide meaningful support. More specifically we have paid attention to four criteria that we believe are important, (...) viz. simplicity, awareness, orientation and timeliness. The online arbitration service is called GearBi. (shrink)

While there are increasing calls for the full democratisation of both national and international governance structures, aimed at ensuring that all voices—particularly those of marginalised groups—are adequately heard, investment arbitration remains largely exclusionary. It continues to sideline the voices of local communities directly affected by investment activities. Operating as a dyadic mechanism that positions the state and the investor as the sole disputing parties, the current investor-state dispute settlement (ISDS) system offers no procedural avenue through which local and Indigenous (...) communities may initiate claims or directly challenge investments that may adversely affect their rights or environment. Investment arbitration, in its prevailing form, does little to foster democratic participation. Shaped by entrenched (economic) power structures, it has historically served to reinforce the privileged positions of multinational investors and developed states. As such, it scarcely engages with the perspectives or lived realities of local communities situated in subaltern or formerly colonised territories. This contribution seeks to reconceptualise investment arbitration from a transformative democratic standpoint—one that recognises local communities not merely as stakeholders but as active participants in the adjudicatory process. The current amicus curiae mechanism, which permits affected communities to submit briefs to the tribunal under restrictive conditions, remains an inadequate substitute for genuine participatory rights. It effectively relegates such communities to the periphery of the arbitral process, without affording them meaningful procedural standing or influence. A truly democratized investment arbitration regime would empower local communities and indigenous peoples to represent themselves in the resolution of disputes, on terms that they themselves define and accept. Such a shift would necessitate the tribunal’s openness to alternative epistemologies and normative frameworks—including non-Western cosmovisions and conceptions of justice—that challenge the dominant, profit-centred paradigm of private contractual. A profound democratisation of the system thus entails not only procedural inclusivity but also epistemic pluralism. (shrink)

In order to arbitrate conflicting propositional knowledge claims—such as when two individuals claim to know the height of a tree in the yard—there is a “fact of the matter” about who is correct. Experiential, non-propositional knowledge, on the other hand, is not so obviously mediated. For one, experiential knowledge is—at least partially—subjective; one of its virtues is that it matters what a person’s background is, socially, etc., when determining the legitimacy of their claims. But this suggests a question: How do (...) we decide whose experience of an event is right, when two individuals differ in their accounts of a single event?In this paper I present the concept of experiential knowledge, asserting that this knowledge is frequently nonpropositional. I argue that accepting experiential knowledge is fundamental to issues of social justice, specifically when it is precisely the claims of those who have the least social or political “authority” who are in danger of having their experiences and the knowledge gained from those experiences, discounted. I address worries over the arbitration of experiential knowledge, and conclude that in cases where necessary, arbitration is both possible and often morally required. (shrink)

Le " libre arbitre ", cette capacité à choisir librement ou encore à déterminer notre propre volonté, semble menacé par les avancées de la psychologie et des neurosciences contemporaines. Or, certaines interrogations philosophiques doivent être résolues avant de tirer les conséquences de ces résultats empiriques : le déterminisme causal, qui est au fondement de toute démarche scientifique, est-il compatible avec la notion de libre arbitre? Quel type de relation entretiennent l'esprit et le cerveau? L'examen de ces problèmes fondamentaux constitue le (...) préalable à l'interprétation des données issues des neurosciences, en particulier des expériences de Benjamin Libet qui ont semblé remettre en question l'efficacité causale de nos décisions conscientes. Par ailleurs, il est légitime de se demander si les limites de la conscience et le rapport qu'elle entretient avec les processus inconscients, qu'ils relèvent de l'Inconscient freudien ou de l' " inconscient cognitif " mis en lumière par les neurosciences, constituent un frein à l'exercice de notre liberté. Cet ouvrage esquisse une solution nouvelle à ces questions. Il montre comment la psychologie et les neurosciences, bien que menaçant la conception traditionnelle du libre arbitre, permettraient de concevoir en leur sein même une redéfinition de cette notion, envisagée comme une capacité relative et non plus absolue, nécessitant un apprentissage. (shrink)

Although the use of arbitration has become commonplace in the organizational world, the ethical issues surrounding arbitration have never been fully explored. The paper reviews ethical issues in arbitration, particularly in terms of forensic bias parallels, that may affect decision-making and make the arbitrator''s decision questionable. Finally, the maintenance of fairness in the arbitration process, and the importance of an ethically acceptable system of organizational justice are also discussed.

This article is currently available as a free download on ingentaconnect.

International dispute resolution in general and international arbitration, in particular, is highly affected by the emergence and fast development of innovation-driven technologies. On the one hand, such technologies are cost and time-effective. To name a few, they allow online filing of a case, collecting of e-evidence and remote hearings, among others. On the other hand, they also may lead to some challenges that need to be addressed. The primary concerns comprise e-arbitration agreements and e-awards, as well as cybersecurity (...) and data protection. Therefore, this begs the question of whether such new technologies will significantly impact the dispute resolution landscape and thus become a game-changer therein. This analysis leads to the conclusion that the emergence of new technologies provides an opportunity to establish a long-lasting new standard for international arbitration. (shrink)

This paper investigates the normative dimensions of linguistic due process in arbitration through a critical examination of Jordanian Arbitration Law No. 30 of 2001 against transnational procedural standards. Employing doctrinal, comparative, and socio-legal methodologies, the study conceptualizes linguistic due process as a non-derogable element of arbitral justice rather than merely a procedural accommodation. The research reveals a jurisprudential tension between linguistic sovereignty and transnational adjudicative accessibility in Jordanian arbitration, where Arabic’s default procedural status creates structural barriers for (...) international parties despite statutory flexibility provisions. Analysis of landmark cases demonstrates how translation inadequacies and linguistic asymmetries compromise the epistemological integrity of arbitral proceedings, potentially invalidating awards under Article V(1)(b) of the New York Convention. The findings indicate that current Jordanian provisions insufficiently safeguard against language-based procedural inequities, necessitating reform through explicit criteria for language selection and mandatory qualified interpretation services. This research contributes to arbitration jurisprudence by reconceptualizing language not merely as communicative medium but as constitutive of procedural justice itself, essential for maintaining arbitration’s legitimacy as a neutral transnational dispute resolution mechanism. (shrink)

Si la volonté n’est pas la raison, mais que l’une et l’autre concourent au libre arbitre, peut-on dépasser cette dualité? À la suite de Grosseteste, le concept de racine a un temps pu être mobilisé pour penser l’identité de l’âme à elle-même, en dépit de la variété, et distinction, de ses puissances. Mais le modèle de la racine, qui suggère des puissances qui proviennent de l’âme, pour s’en séparer, convient-il pour rendre compte de cette identité dans la différence? Nous examinons (...) le recours à ce modèle chez trois auteurs oxoniens du milieu du xiii e siècle, puis sa reprise chez Thomas d’Aquin, avant de considérer le choix fait par Duns Scot de l’idée d’une contenance unitive. (shrink)

We start by considering the Alternate Strike (AS) scheme, a real-life arbitration scheme where two parties select an arbitrator by alternately crossing off at each round one name from a given panel of arbitrators. We find out that the AS scheme is not invariant to “bad” alternatives. We then consider another alternating-move scheme, the Voting by Alternating Offers and Vetoes (VAOV) scheme, which is invariant to bad alternatives. We fully characterize the subgame perfect equilibrium outcome sets of these above (...) two schemes in terms of the rankings of the parties over the alternatives only. We also identify some of the typical equilibria of these above two schemes. We then analyze two additional alternating-move schemes in which players’ current proposals have to either honor or enhance their previous proposals. We show that the first scheme’s equilibrium outcome set coincides with that of the AS scheme, and the equilibrium outcome set of the second scheme coincides with that of the VAOV scheme. Finally, it turns out that all schemes’ equilibrium outcome sets converge to the Equal Area solution’s outcome of cooperative bargaining problem, if the alternatives are distributed uniformly over the comprehensive utility possibility set and as the number of alternatives tends to infinity. Journal of Economic Literature Classification Number: C72. (shrink)

In Pacificare Health Systems, Inc. v. Jefrey Book, the US. Supreme Court ruled that the mandatory arbitration clause in an HMO contract should be enforced to compel a physician to arbitrate his RICO charges against the health plan, even though the clause could be construed to limit the arbitrator’s authority to award full damages under the RICO statute. The ruling could prevent physicians with health plan arbitration agreements from taking future reimbursement claims against insurance companies directly to court, (...) even when the allegations involve a potential statutory breach outside of the explicit scope of the provider contract.Dr. Book’s arbitration claim was part of a larger class action lawsuit filed in August of 2000 by a group of physicians and patients seeking reimbursement from eight managed care companies for unpaid health insurance claims. (shrink)

There can be no doubt that the Romans were very much influenced in their use of interstate arbitration by the Greeks. This statement can be made without affecting the question as to whether the actual principle of arbitration was known to them before their contact with the Greeks. Either the practice sprang up independently in Italy and Greece owing to similarity of conditions, or else it was part of the same stock of political and social ideas inherited by (...) each race alike from common ancestors. It would be improbable if two nations of such close relationship and such similar civilisation could not have inherited so natural an idea or developed it along similar lines, and indeed the very widespread practice of arbitration in private law at Rome has none of the signs of an imported idea. (shrink)

Arbitration and insolvency proceedings are legal instruments governed by different objectives and different legal principles. While in arbitration the autonomy of the parties plays a major role, all insolvency proceedings are collective proceedings where autonomy of the parties is strictly limited, the majority of issues are regulated by binding legal provisions and strong controlling powers are vested into insolvency court. Therefore, in this article the authors analyse the issues of compatibility between insolvency proceedings and arbitration. The Lithuanian (...) legal framework which was in force until 30 June 2012 was ambiguous. According to the wording of Article 11 of the previous Law on Commercial Arbitration, disputes connected with bankruptcy shall not be submitted to arbitration. It was not entirely clear whether this provision was restricted to ‘core’ insolvency issues such as opening and conduct of the proceedings, appointment of the office holder, administration of the estate, liquidation etc. or it also included all other questions related with insolvency. The jurisprudence of the Lithuanian courts gave a broad meaning to the restriction expressed in the Law on Commercial Arbitration. Accordingly, such questions as verification of claims and disputes with the creditors were also excluded from arbitration after announcement of bankruptcy of the debtor. The authors argue that distinction should be drawn between cases in which an insolvent enterprise is a claimant and where it is a defendant. It is also important to draw a line between arbitration agreements entered into before announcement of bankruptcy and arbitration agreements concluded by the bankruptcy trustee with the consent of the majority of creditors. In this article, the new Law on Commercial Arbitration which has entered into force on 30 June 2012 is analysed and according to which an insolvent enterprise remains bound by arbitration agreement in both cases where it is a claimant and where it is a defendant. Several contentious issues of the new law are identified and analysed in the article, such as the position of other creditors in the proceedings, relation between arbitration and restructuring procedure, enforceability of arbitration agreement in cases where an insolvent enterprise lacks funding to pay arbitration costs etc. (shrink)

This paper offers a comprehensive look at the state of empirical research in the field of arbitration. Its release coincides with the reintroduction of the Arbitration Fairness Act, which would constitute the most significant reform of arbitration law in the United States since the FAA's enactment. Moving beyond typical the typical punch/counterpunch that has characterized much of the policy debate in this area, this paper identifies areas of common ground on which arbitration's proponents and opponents can (...) agree. It then consider an issue-by-issue critique of arbitration and responds in detail to several of the recent attacks on the field. The paper closes by charting out a research agenda on arbitration and urges Congress to act cautiously before deciding whether to reform this important method of dispute resolution. (shrink)

Notre expérience quotidienne nous le prouve : nous prenons des décisions pour nous déplacer, pour penser, pour agir et réagir. Nous prenons ces décisions selon notre nature et notre environnement, mais aussi en fonction de notre volonté propre. C'est cette caractéristique essentielle qui confère à l'humain son libre arbitre. Toutefois, rien dans la science ne vient conforter cette formidable intuition. Au contraire, les modèles contemporains des neurosciences et des sciences cognitives tendent à faire de nous des machines imparfaites, et à (...) reléguer la volonté au rang d'illusion. Dans ce court essai, Alain Van Kerckhoven démontre que le libre arbitre a toujours été instrumentalisé pour justifier des postures religieuses, philosophiques ou politiques. L'apparition de nouveaux outils de connaissance permet pour la première fois d'en faire un sujet d'étude rationnelle. Les conclusions nous entraînent aux frontières de la science et de la philosophie, au coeur de l'expérience humaine. (shrink)

This paper addresses the question of which normative standards apply in the psychology of reasoning. In a first strand, the present paper contributes to a debate concerning whether the New Paradigm in the psychology of reasoning really constitutes a paradigm shift by presenting an argument concerning the deductive competence presupposed by ideal Bayesian agents. On the construal of the New Paradigm as the replacement of deductive logic by probability theory, no such shift was possible: the standard probabilistic frameworks used in (...) the psychology of reasoning were never independent of logical principles to begin with. It is possible, however, to replace the treatment of a fragment of natural language (e.g., conditionals, quantifiers) in classical logic with probabilistic alternatives, as the paper discusses. Thus construed, the probabilistic turn was a major step forward in the psychology of reasoning but one that is better pruned of some of the misleading characterizations that surround it. When multiple norms apply to experimental tasks, a further practical problem presents itself: how should researchers arbitrate between them? In a second strand, an experimental research program is outlined which confronts this problem of arbitrating between competing rationality norms by presenting a way of making rationality assessments of participants based on verbal arguments. In this part, a recent attempt by Dewey (2022) to dissolve problems of arbitration in psychology is critically discussed. (shrink)

This chapter examines the legal nature of the host state’s treaty-based consent to investor-state arbitration. Hence, it discusses the contemporary models that arbitral tribunals and scholars have developed to explain this topic. Some of these draw on private law frameworks, others draw parallels with instruments of public international law and yet others adopt a combination of private and public law concepts. In contrast to these approaches, the authors suggest that the legal nature of consent should be approached through the (...) lens of the applicable law. Having identified a specific conflict of laws rule covering the state’s consent to investor-state arbitration, they consider the law of the host state to be the applicable legal system for the determination of the legal nature of the state consent. (shrink)