We develop screening models of final offer arbitration (FOA) in which the uninformed party makes a demand to the informed party. We consider models in which settlement occurs before and after the submission of binding offers, and in each we analyze costly discovery. Our results are compared to...

Major League Baseball (MLB) uses final offer arbitration (FOA) to set the salaries of certain players. In FOA, the team and the player each submits a proposed salary number, and the arbitrator (in MLB's case, a panel of three arbitrators) is required to select one of the numbers as the award....

Section 31(8) of the Arbitration and Conciliation Act, 1996 as originally enacted dealt with costs in arbitration. The evolution of the law on the subject led to dissatisfaction. After numerous calls for reforms, the Law Commission of India in its 246th Report sought overhaul of the existing law...

This article briefly reviews the roots of domestic arbitration policy and the corresponding development of consumer protection policy. It asserts that international arbitration policy was always intended to be tempered by consumer protection principles. Next, the article summarizes the Canadian...

The voluminous and protracted litigation and arbitration saga featuring the Republic of Argentina (mostly as defendant or respondent, respectively) has established important legal and arbitral precedents, as illustrated by three cases involving Argentina which were appealed all the way up to the...

The central questions that this article addresses are: Has there been a significant judicialization of international arbitration in recent years? And is this judicialization really a sign of a loss of attraction for international arbitration? For these purposes, conventional assumptions about...

Access to Court is a gobal principle, though the consequences of this principle are interpreted differently in the U.S. and Europe. Neither International Commercial Arbitration nor International Litigation can offer an effective access to court for cross-border commercial contracts. Whereas...

Intellectual Property Rights (“IPR”) can be regarded as an incentive for an inventor or an author, granted or recognized by a state. IPR are enforceable erga omnes within the boundaries of the state. Member States of the Paris Convention Union and other relevant conventions are expected to...