Arbitrator acceptability in international commercial arbitration The trading firm perspective
Citations

WEB OF SCIENCE

4
Citations

SCOPUS

3

초록

Purpose - The purpose of this paper is to identify the determinants of arbitrator acceptability and investigate whether the perceived costs of arbitration moderate the relationship between arbitrator acceptability and arbitrator characteristics in international commercial arbitration. Design/methodology/approach - A two-stage analytic process is used to test the dimensionality, reliability and validity of each construct and then the proposed hypotheses. Findings - The findings show that the five constructs of arbitrator characteristics - reputation, practical expertise, legal expertise, experience and procedural justice - statistically significantly explain arbitrator acceptability. Moreover, perceived cost of arbitration moderates the relationship between arbitrator acceptability and arbitrator characteristics. However, the moderating effect of perceived costs of arbitration is not equal across characteristics. Research limitations/implications - Knowledge regarding potential moderators of the strength of the indicators of arbitrator acceptability will be useful to future researchers in determining which variables to study in arbitrator selection research. Practical implications - Useful guidelines in the selection of an international arbitrator are proposed. Originality/value - This study contributes to arbitrator acceptability literature through the suggestion of a hypothesized model of arbitrator acceptability with auxiliary hypothesis of reputation in international contexts. In addition, this study investigates the moderating role of perceived cost of arbitration on the relationship between arbitrator acceptability and arbitrator characteristics.

키워드

ArbitrationExperienceReputationArbitrator acceptabilityLegal expertisePractical expertiseProcedural justicePerceived cost of arbitrationSUPREME-COURTJUSTICEAPPOINTMENTVARIABLES
제목
Arbitrator acceptability in international commercial arbitration The trading firm perspective
저자
Chung, YongkyunHa, Hong-Youl
DOI
10.1108/IJCMA-07-2015-0046
발행일
2016-07-11
유형
Article
저널명
International Journal of Conflict Management
27
3
페이지
379 ~ 397