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Record W4237469724 · doi:10.1093/arbitration/29.1.63

Distinguishing Expert Determination from Arbitration: The Canadian Approach in a Comparative Perspective

2013· article· en· W4237469724 on OpenAlexaboutno aff
M. Valasek, F. Wilson

Bibliographic record

VenueArbitration International · 2013
Typearticle
Languageen
FieldBusiness, Management and Accounting
TopicInternational Arbitration and Investment Law
Canadian institutionsnot available
Fundersnot available
KeywordsAdjudicationArbitrationDutyLawSupreme courtJurisprudencePolitical scienceNormativeTest (biology)Compulsory arbitrationLaw and economicsBusinessSociology

Abstract

fetched live from OpenAlex

The distinction between expert determination and arbitration is significant because a different normative regime applies to each, often leading to quite different outcomes for a given set of circumstances. A review of the jurisprudence in Canada shows that the two-step test developed by the Supreme Court of Canada to distinguish arbitration from expert determination:, in the 1998 case Sport Maska Inc. v. Zittrer, has too frequently been simplified to a one-criterion test: is the neutral deciding a formulated dispute (suggesting arbitration), or rather filing a gap in a contractual term (suggesting expert determination)? This approach, while adequate for distinguishing non-contentious expert valuation from arbitration, fails to recognize that a dispute may be submitted to a neutral for expert adjudication, a process that is quite different from arbitration. A comparative study of decisions from around the common-law world suggests that two factors can usefully serve to distinguish arbitration from expert adjudication: the duty of an arbitrator to adjudicate between the competing arguments of the parties (without being able to rely on his or her own subjective opinion, as can an expert adjudicator) and the related duty to comply with rules of procedural fairness.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.000
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesScholarly communication, Insufficient payload (model declined to judge)
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.916
Threshold uncertainty score1.000

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0000.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0010.003
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0020.001

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.

Opus teacher head0.035
GPT teacher head0.267
Teacher spread0.232 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

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".

Quick stats

Citations1
Published2013
Admission routes1
Has abstractyes

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