Arbitration in International Trade
Abstract
The great majority of international contracts provides that any disputes which may arise will be decided by arbitration. Legal scholars argue that international arbitration is leading to the development of legal doctrine attuned to the needs of business and independent of national laws. This paper studies international arbitration as a beautiful example of the role of private trade in shaping international institutions. We review the provisions and the practice of international arbitration, and present a general equilibrium model of the relationship between the expansion of trade and the adoption of arbitration. The model focuses on the heterogeneity existing among 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 change in trade. In addition, it shows how the legal services provided by the courts deteriorate in the presence of arbitration and predicts 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.Download Info
If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.Bibliographic Info
Paper provided by National Bureau of Economic Research, Inc in its series NBER Working Papers with number 4136.Length:
Date of creation: Aug 1992
Date of revision:
Handle: RePEc:nbr:nberwo:4136
Note: ITI
Contact details of provider:
Postal: National Bureau of Economic Research, 1050 Massachusetts Avenue Cambridge, MA 02138, U.S.A.
Phone: 617-868-3900
Email:
Web page: http://www.nber.org
More information through EDIRC
Related research
Keywords:Other versions of this item:
- Casella, Alessandra, 1992. "Arbitration in International Trade," CEPR Discussion Papers 721, C.E.P.R. Discussion Papers.
- Alessandra Casella., 1992. "Arbitration in International Trade," Center for International and Development Economics Research (CIDER) Working Papers C92-003, University of California at Berkeley.
- F15 - International Economics - - Trade - - - Economic Integration
- H41 - Public Economics - - Publicly Provided Goods - - - Public Goods
References
References listed on IDEASPlease 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.:
- 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.
- Casella, A. & Feinstein, J.S., 1992. "Public Goods in Trade: On the Formation of Market and political Jurisdictions," Working Papers e-92-12, Hoover Institution, Stanford University.
- Casella, Alessandra & Feinstein, Jonathan, 1991. "Public Goods in Trade: On the Formation of Markets and Political Jurisdictions," CEPR Discussion Papers 511, C.E.P.R. Discussion Papers.
- 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.
Citations
Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.Cited by:
- Turrini, Alessandro & van Ypersele, Tanguy, 2010. "Traders, courts, and the border effect puzzle," Regional Science and Urban Economics, Elsevier, vol. 40(2-3), pages 81-91, May.
- Alessandro Turrini & Tanguy Van Ypersele, 2001.
"Traders, Courts and the Home Bias Puzzle,"
Development Working Papers
159, Centro Studi Luca d\'Agliano, University of Milano.
- Turrini, Alessandro Antonio & van Ypersele, Tanguy, 2002. "Traders, Courts and the Home Bias Puzzle," CEPR Discussion Papers 3228, C.E.P.R. Discussion Papers.
- Alessandro Turrini & Tanguy Van Ypersele, 2002. "Traders, Courts, and the Home Bias Puzzle," Working Papers 0205, University of Bergamo, Department of Economics.
- Bruno S. Frey, 2005.
"Zwei Utopien jenseits des Weltstaates und der Anarchie,"
IEW - Working Papers
258, Institute for Empirical Research in Economics - University of Zurich.
- 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).
- 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.
- Benson, B., 1997. "To Arbitrate or to Litigate: That is the Question," Working Papers 1997_04_02, Department of Economics, Florida State University.
- Volckart, Oliver, 2004. "The economics of feuding in late medieval Germany," Explorations in Economic History, Elsevier, vol. 41(3), pages 282-299, July.
- Turrini, Alessandro Antonio & van Ypersele, Tanguy, 2006. "Legal Costs as Barriers to Trade," CEPR Discussion Papers 5751, C.E.P.R. Discussion Papers.
Lists
This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.Statistics
Access and download statisticsCorrections
When requesting a correction, please mention this item's handle: RePEc:nbr:nberwo:4136For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: ().
If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.
If references are entirely missing, you can add them using this form.
If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.
If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.
Please note that corrections may take a couple of weeks to filter through the various RePEc services.

