International construction arbitration: a need for decoding the black box of decision making

Besaiso, Haytham, Fenn, Peter and Emsley, Margaret (2017) International construction arbitration: a need for decoding the black box of decision making. International Construction Law Review, 34 (3). pp. 288-308.

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Abstract

This review paper is the first synthesis of both theoretical literature and empirical research related to construction arbitration decision making. It reveals a lack of theoretical consensus on the underlying ideology that should guide arbitrators in rendering awards. It demonstrates that the available thin empirical research provides mixed evidence. While there is a reason to tentatively believe that there is a growing trend to follow the “legal model” in rendering arbitral awards, the results of the existing studies are far from conclusive and much more remains to be done. Therefore, this paper argues that there is a pressing need for further empirical research to unlock the black-box of arbitral decision making. To do so, this paper calls scholars to steer away from the positivistic paradigm and move closer to the grassroots level by endorsing more interpretivist qualitative research.

Item Type: Article
Journal / Publication Title: International Construction Law Review
Publisher: Informa Business Intelligence
ISSN: 0265-1416
Departments: Institute for Industrial Practice (IIP)
Additional Information: Haytham Besaiso, Lecturer in Project Management, University of Cumbria, UK.
Depositing User: Anna Lupton
Date Deposited: 24 Oct 2019 16:20
Last Modified: 24 Oct 2019 16:30
URI: http://insight.cumbria.ac.uk/id/eprint/5182

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