Looking at Arbitration Through a Comparative Lens: General Principles and Specific Issues
Bibliographic record
Abstract
This article explores various issues of arbitration from a comparative perspective. It compares and contrasts jurisdictions in the East and the West, as well as those of a common law and civil law legal system. Eastern jurisdictions refer to prominent Asian jurisdictions such as China, Hong Kong, Singapore, Japan and Korea. The West refers to major Continental European jurisdictions such as France, Germany and Switzerland, and prominent common law jurisdictions such as the UK, the US, Australia and Canada. This article argues that three driving forces influence issues of arbitration in these jurisdictions: (1) the cultural differences between the West and the East; (2) the differences in the practice embedded in common law and civil law legal systems; (3) the traditions within the dispute resolution system, which includes the attitudes towards adopting mediation. These forces contribute to the differences on various issues of arbitration, such as the conceptualisation of arbitration as a form of ADR, procedure of arbitral tribunals, juridification of arbitration and med-arb.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.012 | 0.014 |
| Meta-epidemiology (narrow) | 0.001 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.007 | 0.009 |
| Science and technology studies | 0.009 | 0.040 |
| Scholarly communication | 0.016 | 0.023 |
| Open science | 0.003 | 0.007 |
| Research integrity | 0.006 | 0.005 |
| Insufficient payload (model declined to judge) | 0.009 | 0.001 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".