To Arbitrate or To Litigate: That Is the Question
To the degree that arbitration might be considered in the law and economics literature it is typically treated as a procedural choice for resolution of a contract disputes, and it clearly is true that arbitration may be chosen for any of a number of procedural advantages. For instance, arbitrators can be selected on the basis of their expertise in matters pertinent to specific disputes and reputation for impartiality, thus reducing the uncertainty associated with judicial error and or bias.
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