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Experts and arbitration outcomes: Insights from public procurement contract disputes.

Authors :
Detotto, Claudio
Marselli, Riccardo
McCannon, Bryan C.
Vannini, Marco
Source :
Kyklos. Nov2024, Vol. 77 Issue 4, p922-943. 22p.
Publication Year :
2024

Abstract

We explore the use of experts in arbitration proceedings by analysing public procurement contract disputes in Italy. Balancing cost with accuracy, participants to a contract select arbitration when speedy dispute resolution is valued highly. Alternative dispute resolution mechanisms tend to give appointed arbitrators discretion in how to proceed. Consequently, principal‐agent problems can arise. Using an inverse‐probability‐weighted approach, we show that the use of an expert causes a slowing down of the case resolution, without having an effect on the outcome of the dispute nor resolving uncertainty as measured by unanimous decisions by the panel of arbitrators. Conflict resolution mechanism designers should consider the alignment of incentives between the disputants and the service providers. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
00235962
Volume :
77
Issue :
4
Database :
Academic Search Index
Journal :
Kyklos
Publication Type :
Academic Journal
Accession number :
180048339
Full Text :
https://doi.org/10.1111/kykl.12399