What Determines The Outcomes Of Public Procurement Arbitration
Bibliographic Data
| ID | 21475313 |
|---|---|
| Authors | Gonzalo Ruiz Díaz (0000-0001-9972-9181, Department of Economics, Pontifical Catholic University of Peru, Lima, Peru, corresponding author) |
| Year | 2024 |
| Volume | 47 |
| Issue | 7 |
| Pages | 464-478 |
| Publication date | 2024-05-18 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | International Journal of Public Administration (JOURNAL) |
| Journal identifiers | ISSN: 0190-0692 • E-ISSN: 1532-4265 |
| Publisher | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.1080/01900692.2022.2145484 |
| OpenAlex | W4309862198 |
| Language | EN |
| Citations received | 1 |
| References cited | 15 |
The strengths and weaknesses of arbitration compared to litigation, as a system for solving procurement disputes between governments and their private counterparts has been a subject of debate among scholars. A particularly sensitive topic relates to the impartiality standards of each system and the determinants of its outcomes. Using a unique database of national arbitration resolutions we analyze the determinants of awards in procurement disputes related to public works. Estimating a cross-section model, we find evidence in favor of party capability theory and the influence of institutional factors in arbitration outcomes, like amendments to procurement law or the characteristics of the organization in charge of administering these processes. As well, we find indirect evidence that suggests that adverse outcomes for government entities are related with the lack of individual incentives of officials to settle with private contractors, and the presence of presumably undue influence among private contractors and arbitrators
Arbitration · Business · Compulsory arbitration · Dispute resolution · Economics · Government procurement · Impartiality · Incentive · Law and economics · Microeconomics · Political science · Procurement · Public economics · Corruption and Economic Development · Law · Public Procurement and Policy · Taxation and Compliance Studies · Marketing
| Unique citing works | 1 |
|---|---|
| Citations per year | 1 |
| Citation span | 2025 - 2025 (1) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 1 |