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Private Justice in a Global Economy: From Litigation to Arbitration

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  • Mattli, Walter

Abstract

Drawing on the analytical framework developed by Barbara Koremenos, Charles Lipson, and Duncan Snidal in the Rational Design project, I seek to shed light on the striking institutional differences among the various methods of international commercial dispute resolution for private parties. These methods include recourse to public courts and more frequently to private international courts, such as the International Court of Arbitration of the International Chamber of Commerce or the London Court of International Arbitration, as well as recourse to so-called ad hoc arbitration and alternative dispute-resolution techniques, such as conciliation and mediation. The key institutional dimensions along which these methods of international dispute resolution vary are (1) procedural and adaptive flexibility, and (2) centralization of procedural safeguards and information collection. I explain why different methods of international commercial dispute resolution are selected. I argue that these methods respond to the varying institutional needs of different types of disputes and disputants. Such needs can be explained in terms of the severity of the enforcement problem, uncertainty about the preferences or behavior of contractual partners, and uncertainty about the state of the world.

Suggested Citation

  • Mattli, Walter, 2001. "Private Justice in a Global Economy: From Litigation to Arbitration," International Organization, Cambridge University Press, vol. 55(04), pages 919-947, September.
  • Handle: RePEc:cup:intorg:v:55:y:2001:i:04:p:919-947_44
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    Cited by:

    1. Fabrice Lumineau & Joanne E. Oxley, 2012. "Let's Work It Out (or We'll See You in Court): Litigation and Private Dispute Resolution in Vertical Exchange Relationships," Organization Science, INFORMS, vol. 23(3), pages 820-834, June.
    2. Beth Yarbrough & Robert Yarbrough, 2003. "Homogeneity and Heterogeneity Within and Across Boundaries and Shorelines: Ensemble of Darwin's Finches and Human Transaction Types," Journal of Bioeconomics, Springer, vol. 5(2), pages 165-191, May.
    3. repec:eee:eecrev:v:98:y:2017:i:c:p:341-353 is not listed on IDEAS
    4. Ari Van Assche & Galina A. Schwartz, 2013. "Contracting Institutions and Ownership Structure in International Joint Ventures," CIRANO Working Papers 2013s-04, CIRANO.
    5. Van Assche, Ari & Schwartz, Galina A., 2013. "Contracting institutions and ownership structure in international joint ventures," Journal of Development Economics, Elsevier, vol. 103(C), pages 124-132.
    6. Konrad, Kai A., 2017. "Large investors, regulatory taking and investor-state dispute settlement," European Economic Review, Elsevier, vol. 98(C), pages 341-353.
    7. Claire Lemercier, 2007. "Institutions," Post-Print halshs-00325107, HAL.
    8. Peter Leeson, 2007. "Efficient anarchy," Public Choice, Springer, vol. 130(1), pages 41-53, January.
    9. Beth Yarbrough & Robert Yarbrough, 2000. "Contracting Boundaries as Institutional Infrastructure: Efficacy, Adaptation, and Obsolescence: Commentary on La Croix and Ghiselin's Comments," Journal of Bioeconomics, Springer, vol. 2(2), pages 169-176, May.
    10. Claire Cutler, 2013. "Human Rights Promotion through Transnational Investment Regimes: An International Political Economy Approach," Politics and Governance, Cogitatio Press, vol. 1(1), pages 16-31.

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