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| Author: | Shin, H. S. |
| Title: | Adversarial and inquisitorial procedures in arbitration |
| Journal: | RAND Journal of Economics
1998 : SUMMER, VOL. 29:2, p. 378-405 |
| Index terms: | DISPUTES ARBITRATION ATTITUDES |
| Language: | eng |
| Abstract: | The adversarial procedure invites the parties to make their cases to an impartial arbitrator, while the inquisitorial procedure requires the arbitrator to adjudicate on the basis of her own investigations. Even if it is assumed that the arbitrator is as well informed as the opposing parties, the adversarial procedure is shown to be strictly superior. This superiority stems from the ability within the adversarial procedure to allocate the burden of proof in an effective manner, and extract the maximal informational conctent from inconclusive contests. |
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