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Arbitration in International Trade

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Author Info
Casella, Alessandra

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Abstract

The great majority of international contracts provide for arbitration in the event of dispute. Legal scholars argue that international arbitration is causing the development of a legal doctrine attuned to the needs of business and independent of national laws. This paper studies international arbitration as a prime example of private trade shaping international institutions. The provisions and the practice of international arbitration are reviewed, and a general equilibrium model of the relationship between the expansion of international trade and the adoption of arbitration is presented. The model focuses on the heterogeneity of economic agents in terms of their legal needs. It shows how arbitration alters the size and composition of markets, while at the same time responding to exogenous changes in trade. In addition, it shows how the legal services provided by the courts deteriorate in the presence of arbitration, predicting that the share of traders using arbitration should rise as markets expand. Overall, the model does remarkably well in generating results commonly discussed in the legal literature.

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Paper provided by C.E.P.R. Discussion Papers in its series CEPR Discussion Papers with number 721.

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Date of creation: Sep 1992
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Handle: RePEc:cpr:ceprdp:721

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Related research
Keywords: Arbitration; Institutions; International Integration;

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Find related papers by JEL classification:
F15 - International Economics - - Trade - - - Economic Integration
H41 - Public Economics - - Publicly Provided Goods - - - Public Goods

References listed on IDEAS
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  1. Alessandra Casella & Jonathan S. Feinstein, 1990. "Public Goods in Trade: On the Formation of Markets and Political Jurisdictions," NBER Working Papers 3554, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
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  2. Casella, Alessandra, 1992. "On Markets and Clubs: Economic and Political Integration of Regions with Unequal Productivity," American Economic Review, American Economic Association, vol. 82(2), pages 115-21, May. [Downloadable!] (restricted)
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Cited by:
(explanations, Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.)

  1. Alessandro Turrini & Tanguy Van Ypersele, 2002. "Traders, Courts, and the Home Bias Puzzle," Working Papers 0205, University of Bergamo, Department of Economics. [Downloadable!]
    Other versions:
  2. Bruce Benson, 1999. "To Arbitrate or To Litigate: That Is the Question," European Journal of Law and Economics, Springer, vol. 8(2), pages 91-151, September. [Downloadable!] (restricted)
    Other versions:
  3. Bruno S. Frey, 2005. "Zwei Utopien jenseits des Weltstaates und der Anarchie," CREMA Working Paper Series 2005-32, Center for Research in Economics, Management and the Arts (CREMA). [Downloadable!]
    Other versions:
  4. de Sousa, Jose & Disdier, Anne-Celia, 2002. "Legal Framework as a Trade Barrier - Evidence from Transition Countries: Hungarian, Romanian and Slovene Examples," Discussion Paper Series 26300, Hamburg Institute of International Economics. [Downloadable!]
  5. Turrini, Alessandro Antonio & van Ypersele, Tanguy, 2006. "Legal Costs as Barriers to Trade," CEPR Discussion Papers 5751, C.E.P.R. Discussion Papers. [Downloadable!] (restricted)
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