Of Rabbits and Rhinoceri: A Survey of Empirical Research on International Commercial Arbitration

Abstract

Although empirical knowledge about the process of international arbitration and its effectiveness is incomplete, a growing number of empirical studies are being published. By expanding the degree of empirical knowledge about international commercial arbitration, these efforts should benefit all those involved in the arbitration process: parties, practitioners, and arbitrators, not to mention policy-makers and academics. This article outlines the current state of affairs by surveying the existing empirical literature on international commercial arbitration. Part II of the article discusses the sources of data on international arbitration; Part III summarizes many of the existing empirical studies on international arbitration; and Part IV suggests possible experimental research on arbitral decision-making.

Keywords: Arbitration, Dispute Resolution, Contracts, Empirical Research

JEL Classification: K12, K41