ABSTRACT
Generally, there are two ways to study transnational dispute resolution. The first is the “legal-formalistic” approach, and the second is the “social scientific” one. The former emphasizes doctrine and the different types of rules that comprise dispute resolution regimes. The second is empirical, uses quantitative or qualitative data, and focuses more on structures of power and hierarchy, or the space, networks, and ritual, through which such rules operate. While there is no one “right” way to study transnational dispute resolution and these methods inform different types of research projects, these methods are largely seen as at odds. This chapter opts for a different perspective by borrowing from the anthropology of experts to suggest that “para-ethnography” is one way to build synergies between the two approaches. Specifically, this chapter draws on data collected for a larger project on “new legal hubs” (NLHs). NLHs showcase the native theories of dispute resolution experts who design, manage, and operate such hubs. Juxtaposing their theories and processes of knowledge production, on the one hand, with those of scholars, on the other hand, requires considering both formal rules and contextual questions of power, hierarchy, and space, thus presenting a more holistic view of transnational dispute resolution.
