“Aristocrats in Arbitration: Did Class Have an effect on Inter-state Arbitration Earlier than or After the 1899 Hague Peace Convention?“
James Fry, Arthur L. W. Cheung, Bryane Michael
Hague Journal on the Rule of Regulation
Printed on-line: April 2024
Summary: This text explores whether or not the aristocratic standing of arbitrators or disputants affected the result of inter-state arbitrations both earlier than or after the 1899 Hague Peace Convention. This text takes a longue durée strategy to the subject by together with all inter-state arbitrations between 1794 and 1989. The analysis reveals a statistically vital relationship between respondent-appointed aristocratic arbitrators on a tribunal and the result towards the aristocratic social gathering, in addition to a statistically vital relationship between no respondent-appointed aristocratic arbitrators and end result in favor of the claimant, however solely in inter-state arbitrations earlier than the Convention for each of those relationships. This text brings into query whether or not aristocratic arbitrators from earlier than the Convention had been totally dedicated to the worldwide rule of regulation. Furthermore, it highlights how such arbitrators stopped making their selections primarily based on class after the Convention, which ought to reassure customers of inter-state arbitration that fear about such biases.
