14 Dec No Surprise But Now Substantiated Dept: Foreign Litigants Lose More in US Courts
Academic papers rarely get front-page coverage in the major media, but that’s the treatment this study got earlier this week in the Financial Times. (I bet the authors are sorry, though, that the FT didn’t link to the SSRN version.) Perhaps the most interesting claim (from a quick look) is that judges may be more biased than juries are. As this sort of evidence mounts, I assume it will incrementally bolster the legitimacy of supranational and arbitral fora for dispute resolution.