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An Analysis of the Selection of Arbitrators

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  • David E. Bloom
  • Christopher L. Cavanagh

Abstract

This paper analyses data on union and employer rankings of different panels of arbitrators in an actual arbitration system. A random utility model of bargainer preferences is developed and estimated. The estimates indicate that unions and employers have similar preferences, in favor of lawyers, more experienced arbitrators, and arbitrators who seem to have previously favored their side. Alternative rankings models, which are estimated to test whether bargainers rank arbitrators strategically, reveal no evidence of strategic behavior.

Suggested Citation

  • David E. Bloom & Christopher L. Cavanagh, 1986. "An Analysis of the Selection of Arbitrators," NBER Working Papers 1938, National Bureau of Economic Research, Inc.
  • Handle: RePEc:nbr:nberwo:1938
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    References listed on IDEAS

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    1. repec:fth:prinin:163 is not listed on IDEAS
    2. Crawford, Vincent P, 1979. "On Compulsory-Arbitration Schemes," Journal of Political Economy, University of Chicago Press, vol. 87(1), pages 131-159, February.
    3. Henry S. Farber, 1980. "An Analysis of Final-Offer Arbitration," Journal of Conflict Resolution, Peace Science Society (International), vol. 24(4), pages 683-705, December.
    4. Orley Ashenfelter & David Bloom, 1983. "The Pitfalls in Judging Arbitrator Impartiality by Win-Loss Tallies Under Final-Offer Arbitration," Working Papers 543, Princeton University, Department of Economics, Industrial Relations Section..
    5. Arthur Roth & Joseph B. Kadane & Morris H. Degroot, 1977. "Optimal Peremptory Challenges in Trials by Juries: A Bilateral Sequential Process," Operations Research, INFORMS, vol. 25(6), pages 901-919, December.
    6. Orley Ashenfelter, 1985. "Evidence on US Experiences with Dispute Resolution Systems," Working Papers 565, Princeton University, Department of Economics, Industrial Relations Section..
    7. Orley Ashenfelter & David Bloom, 1983. "The Pitfalls in Judging Arbitrator Impartiality by Win-Loss Tallies Under Final-Offer Arbitration," Working Papers 543, Princeton University, Department of Economics, Industrial Relations Section..
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    Citations

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    Cited by:

    1. Geoffroy de Clippel & Kfir Eliaz & Brian Knight, 2014. "On the Selection of Arbitrators," American Economic Review, American Economic Association, vol. 104(11), pages 3434-3458, November.
    2. Jean-François Laslier & Matias Nunez & M Remzi Sanver, 2020. "A solution to the two-person implementation problem," PSE Working Papers halshs-02173504, HAL.
    3. Bruce L. Benson, 1999. "Polycentric Law Versus Monopolized Law : Implications from International Trade for the Potential Success of Emerging Markets," Journal of Private Enterprise, The Association of Private Enterprise Education, vol. 15(Fall 1999), pages 36-66.
    4. Ashenfelter, Orley, et al, 1992. "An Experimental Comparison of Dispute Rates in Alternative Arbitration Systems," Econometrica, Econometric Society, vol. 60(6), pages 1407-1433, November.
    5. Benson Bruce L., 2000. "Jurisdictional Choice in International Trade: Implications for Lex Cybernatoria," Journal des Economistes et des Etudes Humaines, De Gruyter, vol. 10(1), pages 1-30, March.
    6. Klement, Alon & Neeman, Zvika, 2011. "Private Selection and Arbitration Neutrality," Working Paper Series 4074, Victoria University of Wellington, The New Zealand Institute for the Study of Competition and Regulation.
    7. Orley Ashenfelter & Gordon B. Dahl, 2003. "Strategic Bargaining Behavior, Self-Serving Biases, and the Role of Expert Agents An Empirical Study of Final-Offer Arbitration," Working Papers 857, Princeton University, Department of Economics, Industrial Relations Section..
    8. Mark L. Egan & Gregor Matvos & Amit Seru, 2018. "Arbitration with Uninformed Consumers," NBER Working Papers 25150, National Bureau of Economic Research, Inc.
    9. Julian Donaubauer & Eric Neumayer & Peter Nunnenkamp, 2018. "Winning or losing in investor‐to‐state dispute resolution: The role of arbitrator bias and experience," Review of International Economics, Wiley Blackwell, vol. 26(4), pages 892-916, September.
    10. Thomas Mayer, 2012. "Ziliak and McCloskey's Criticisms of Significance Tests: An Assessment," Econ Journal Watch, Econ Journal Watch, vol. 9(3), pages 256-297, September.
    11. Stephen Donald & Daniel S. Hamermesh, 2004. "What is Discrimination? Gender in the American Economic Association," NBER Working Papers 10684, National Bureau of Economic Research, Inc.
    12. Karen Mumford, 1996. "Arbitration and ACAS in Britain: a Historical Perspective," British Journal of Industrial Relations, London School of Economics, vol. 34(2), pages 287-305, June.
    13. Janet Currie, 1991. "Rules, Coordination and Manipulability Among Arbitrators," NBER Working Papers 3821, National Bureau of Economic Research, Inc.
    14. Broughman, Brian, 2008. "Independent Directors and Board Control in Venture Finance," Berkeley Olin Program in Law & Economics, Working Paper Series qt9w966114, Berkeley Olin Program in Law & Economics.
    15. Nejat Anbarci, 2006. "Finite Alternating-Move Arbitration Schemes and the Equal Area Solution," Theory and Decision, Springer, vol. 61(1), pages 21-50, August.
    16. Layton, David F., 2000. "Random Coefficient Models for Stated Preference Surveys," Journal of Environmental Economics and Management, Elsevier, vol. 40(1), pages 21-36, July.
    17. Henry S. Farber & Max H. Bazerman, 1987. "Divergent Expectations as a Cause of Disagreement in Bargaining: Evidence from a Comparison of Arbitration Schemes."," NBER Working Papers 2139, National Bureau of Economic Research, Inc.
    18. Henry S. Farber & Max H. Bazerman, 1984. "The General Basis of Arbitrator Behavior: An Empirical Analysis of Conventional and Final-Offer Arbitration," NBER Working Papers 1488, National Bureau of Economic Research, Inc.
    19. Justin Zhang & Tian Zhu, 2000. "Verifiability, Incomplete Contracts and Dispute Resolution," European Journal of Law and Economics, Springer, vol. 9(3), pages 281-290, May.
    20. 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.
    21. Orley Ashenfelter & Gordon Dahl, 2003. "Strategic Bargaining Behavior, Self-Serving Biases, and the Role of Expert Agents An Empirical Study of Final-Offer Arbitration," Working Papers 857, Princeton University, Department of Economics, Industrial Relations Section..

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