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The ‘It’ Arbitrator: Why Do Corporations Not Act as Arbitrators?
Moreira, João Ilhão; Vecellio Segate, R.
2021-11-01
Source PublicationJournal of International Dispute Settlement
ISSN2040-3593
Volume12Issue:4Pages:525-557
Abstract

The international arbitrators’ service market is diverse, with arbitrators operating out of different structures, varying from multinational law firms to small arbitral boutiques. Yet, despite this heterogeneity, this market is dominated by individuals in the sense that legal persons are rarely, if ever, selected to act as arbitrators directly. Albeit the idea that an arbitrator must be a natural person appears to be deeply ingrained in the dominant understandings of arbitration, this is, in fact, an exception to the way knowledge-intensive services is usually provided. This brings to the forefront a largely unexplored topic: why legal entities are not selected as arbitrators. Through a survey of 60 jurisdictions, we explore to what extent may legal persons be appointed to act as arbitrators and conclude that stand-alone legal reasons do not fully explicate this state of affairs. Against this background, we advance a further set of explanations for relating to conflict of interest rules, insulation from civil liability, as well as the peculiar price formation and power competition dynamics within the arbitration market. Culturally and socially shaped expectations on how arbitrations should be managed play a role too.

DOI10.1093/jnlids/idab022
URLView the original
Indexed BySSCI
Language英語English
WOS Research AreaGovernment & Law
WOS SubjectLaw
WOS IDWOS:000743978800001
PublisherOxford University Press
The Source to ArticlePB_Publication
Scopus ID2-s2.0-85126321246
Fulltext Access
Citation statistics
Document TypeJournal article
CollectionDEPARTMENT OF MACAO LEGAL STUDIES
Corresponding AuthorMoreira, João Ilhão
AffiliationFaculty of Law, University of Macau, Taipa, E32, Avenida da Universidade, Macao
First Author AffilicationFaculty of Law
Corresponding Author AffilicationFaculty of Law
Recommended Citation
GB/T 7714
Moreira, João Ilhão,Vecellio Segate, R.. The ‘It’ Arbitrator: Why Do Corporations Not Act as Arbitrators?[J]. Journal of International Dispute Settlement, 2021, 12(4), 525-557.
APA Moreira, João Ilhão., & Vecellio Segate, R. (2021). The ‘It’ Arbitrator: Why Do Corporations Not Act as Arbitrators?. Journal of International Dispute Settlement, 12(4), 525-557.
MLA Moreira, João Ilhão,et al."The ‘It’ Arbitrator: Why Do Corporations Not Act as Arbitrators?".Journal of International Dispute Settlement 12.4(2021):525-557.
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