This Article provides a short summary of the distinctions between privacy and confidentiality in domestic arbitration … effects of these distinctions in that context. It explains that such arbitration is generally private in that it is a closed … confusion regarding the arbitration process that may lead parties to accept arbitration agreements without contracting for …

Incomplete contracts and laws often lead to disputes. Before a dispute arises, parties can adopt an arbitration clause …. Our results contrast with existing literature, which does not distinguish between contracts, where arbitration clauses are … litigation tax, might increase litigation in contracts. Finally, we note that arbitration clauses are akin to making a contract …

evidence. The parties may misrepresent evidence in their favor at a cost. At equilibrium the two parties never testify together …. When the evidence is much in favor of one party, this party testifies. When the evidence is close to the prior mean, no …. -- evidence production ; procedure ; costly state falsification ; adversarial ; inquisitorial …

We develop a signaling model of final offer arbitration (FOA) in which the informed party makes the final settlement …