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Copyright (c) 2012 The University of Texas School of Law
The Review of Litigation

ARTICLE: Collegial Games: Analyzing the Effect of Panel Composition on Outcome in Investment Arbitration

Spring, 2012

The Review of Litigation

31 Rev. Litig. 267


Daphna Kapeliuk*


I. Introduction
Scholarship on voting patterns in collegial courts has become prominent in recent years. 1 Numerous studies have explored theoretical and empirical aspects of panel effects in a variety of multi-member courts. 2 Building on various models of judicial behavior, 3 scholars have theorized on the factors that affect judicial behavior in collegial settings. 4 Empirical studies have focused on voting patterns of judges, evaluating whether judges' ideology or party affiliation influence their decisions, 5 and whether the composition of collegial panels affects the outcome of disputes, among other issues. 6

In contrast to the wide academic interest in judicial voting on collegial courts, limited scholarly attention has been paid to voting patterns of arbitrators and even less to factors affecting arbitral decision-making in multi-member arbitration panels. What little theoretical scholarship on arbitrators' voting exists has mostly perceived arbitration as a dispute resolution process conducted primarily by a single arbitrator and not by a panel of arbitrators. 7 However, arbitration is not necessarily a solitary enterprise. A large number of commercial arbitration cases, and the majority of international cases, are heard and decided by three-member arbitration tribunals. 8 Typically, the selection method of arbitrators begins with each party selecting one arbitrator. Then the parties, the two party-appointed arbitrators, or a third body, appoint the chairman. 9

The selection of arbitrators has been considered one of the most critical aspects of arbitration. 10 In collegial panels it has a special dimension. 11 Because the ...
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