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We’ll See You in . . . Court! The lack of arbitration clauses in international commercial contracts

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  • Nyarko, Julian

Abstract

It is a widely held assumption that sophisticated parties prefer arbitration over litigation in international agreements for three reasons. First, the flexibility granted by arbitration would allow parties to write dispute settlement clauses that are tailored to their individual preferences. Second, concerns for home biases would provide incentives to remove the dispute settlement process from either parties’ domestic judicial system. And third, a greater ease of enforcement would cause parties to prefer arbitration over litigation.

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  • Nyarko, Julian, 2019. "We’ll See You in . . . Court! The lack of arbitration clauses in international commercial contracts," International Review of Law and Economics, Elsevier, vol. 58(C), pages 6-24.
    • Handle: RePEc:eee:irlaec:v:58:y:2019:i:c:p:6-24
    DOI: 10.1016/j.irle.2018.12.004
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    1. Chin, Jason & Zeiler, Kathryn, 2021. "Replicability in Empirical Legal Research," LawArXiv 2b5k4, Center for Open Science.

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