TY - JOUR
T1 - Affiliation bias in arbitration
T2 - An experimental approach
AU - Puig, Sergio
AU - Strezhnev, Anton
N1 - Publisher Copyright:
© 2017 by The University of Chicago. All rights reserved.
PY - 2017/6
Y1 - 2017/6
N2 - A characteristic feature of arbitration, a growing form of legal adjudication, is that each disputing party appoints an arbitrator. Commentators, however, suggest that party-appointed arbitrators tend to be biased in favor of their appointers. Evaluating this claim from data on historical disputes is problematic because of nonrandom selection of arbitrators. Here we use a novel experimental approach to estimate the causal effect of the appointing party. Using survey experiments with arbitration experts around the world, we show that professional arbitrators suffer from affiliation effects-a cognitive predisposition to favor the appointing party. At a methodological level, we offer a solution to the problem of measuring this effect when credible observational designs are lacking.
AB - A characteristic feature of arbitration, a growing form of legal adjudication, is that each disputing party appoints an arbitrator. Commentators, however, suggest that party-appointed arbitrators tend to be biased in favor of their appointers. Evaluating this claim from data on historical disputes is problematic because of nonrandom selection of arbitrators. Here we use a novel experimental approach to estimate the causal effect of the appointing party. Using survey experiments with arbitration experts around the world, we show that professional arbitrators suffer from affiliation effects-a cognitive predisposition to favor the appointing party. At a methodological level, we offer a solution to the problem of measuring this effect when credible observational designs are lacking.
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U2 - 10.1086/694416
DO - 10.1086/694416
M3 - Article
AN - SCOPUS:85034424011
SN - 0047-2530
VL - 46
SP - 371
EP - 398
JO - Journal of Legal Studies
JF - Journal of Legal Studies
IS - 2
ER -