Les effets des caractéristiques démographiques des arbitres sur les sentences arbitrales dans le secteur universitaire canadien

Jafary, Maziar; Carrière, Jules

doi:10.7202/1088558ar

Cited by 1 publication

(2 citation statements)

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“…In an American context, he argues that codes of conduct, including codes of ethics, could be applied to both arbitrators and lawyers to avoid arbitration biases. Likewise, Jafary and Carrière (2022) further demonstrate that arbitrators’ characteristics such as professional background and age can significantly impact the outcome of the cases. As their findings demonstrate, the age of arbitrators and their previous experience in the field of management have a significant impact on the results of arbitration.…”

Section: Literature Reviewmentioning

confidence: 96%

“…This arbitration process is not centrally administered, and regulations are not determined by the Canadian federal jurisdiction. Furthermore, the Canadian university arbitration process deals with both collective and individual cases, but individual grievances predominate (Brown, 2003; Doorey, 2020; Jafary & Carrière, 2022; Pirie & Moore, 2000). As a result, studies such as the present one help to provide a better understanding of arbitration procedures.…”

Section: Introductionmentioning

confidence: 99%

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The effects of the socio‐demographic factors on judgement building in arbitration

Jafary,

Carrière

2024

Industrial Relations Journal

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This study examines how the socio‐demographic characteristics of arbitrators and of plaintiffs affect arbitrators' judgement bases for arbitration decisions. Two research questions are tested quantitatively based on a data set of arbitration decisions in the Canadian university sector collected from the website of the Canadian Legal Information Institute. We created two models of independent variables related to the socio‐demographic characteristics of arbitrators and plaintiffs. Multinomial logistic regression is used to examine the possible impacts of these variables on the justifications used by arbitrators to explain their decisions. The results indicate that both models significantly influence how arbitrators justify their arbitral decisions. The following variables significantly contribute to the models: arbitrator's age, arbitrator's professional experience in management, plaintiff's gender, and support of the plaintiff by a collective entity (union or association). Young arbitrators are more likely to use “laws” and those who have professional experience in management tend to cite “evidence” to justify their arbitral decisions. Also, arbitrators are more likely to use “evidence” as their judgement basis for male plaintiffs who are supported by a collective entity. The details of these findings, limitations of the study, and future directions for research are further discussed.

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Section: Literature Reviewmentioning

confidence: 96%