Arbitrators’ own fears reveal legal interference eroding customary dispute resolution.

Evidence

Although the Board of Arbitrators has traditionally declined jurisdiction in cases involving complex statutory rights or claims that are intertwined with pending litigation, in recent years, this has become a more common practice. The older arbitrators fear that legal interference in the diamond trade will one day destroy the traditional way of doing business. — Lisa Bernestein, Opting out of the Legal System, 282

Categorization

  • XREF: The older arbitrators’ fear that legal interference ā€˜will destroy the traditional way of doing business’ is the mirror image of Bellodi’s situation in Sciascia—there the state can’t penetrate; here the state’s shadow looms over a private order. Direct fit with the reader’s analytical integration.