Thomas Schultz (King’s College London; University of Geneva) has posted Arbitration and the Commodification of Justice on SSRN. Here is the abstract:
This paper examines what happens when justice is commodified. Not privatised; commodified. Privatisation concerns where adjudication is located and how it is governed; commodification concerns the criteria through which justice is valued, evaluated, and justified. Arbitration offers a particularly clear example to observe a broader transformation in contemporary legal life: justice increasingly understood not as a public institutional practice, but as a service defined by performance, expertise, responsiveness, flexibility, and user satisfaction. Arbitration’s familiar virtues are not merely procedural advantages; they are also standards through which justice itself is revalued.