IDEAS home Printed from https://ideas.repec.org/a/rje/randje/v29y1998isummerp378-405.html
   My bibliography  Save this article

Adversarial and Inquisitorial Procedures in Arbitration

Author

Listed:
  • Hyun Song Shin

Abstract

How should a dispute be settle between two opposing parties? 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 his own investigations. Even if it is assumed that the arbitrator is, on average, as well informed as the two 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 thereby extract the maximal informational content from apparently inconclusive contests.

Suggested Citation

  • Hyun Song Shin, 1998. "Adversarial and Inquisitorial Procedures in Arbitration," RAND Journal of Economics, The RAND Corporation, vol. 29(2), pages 378-405, Summer.
  • Handle: RePEc:rje:randje:v:29:y:1998:i:summer:p:378-405
    as

    Download full text from publisher

    File URL: http://links.jstor.org/sici?sici=0741-6261%28199822%2929%3A2%3C378%3AAAIPIA%3E2.0.CO%3B2-X&origin=repec
    File Function: full text
    Download Restriction: Access to full text is restricted to JSTOR subscribers. See http://www.jstor.org for details.

    As the access to this document is restricted, you may want to look for a different version below or search for a different version of it.

    Other versions of this item:

    More about this item

    JEL classification:

    • D73 - Microeconomics - - Analysis of Collective Decision-Making - - - Bureaucracy; Administrative Processes in Public Organizations; Corruption
    • D74 - Microeconomics - - Analysis of Collective Decision-Making - - - Conflict; Conflict Resolution; Alliances; Revolutions
    • D82 - Microeconomics - - Information, Knowledge, and Uncertainty - - - Asymmetric and Private Information; Mechanism Design
    • K23 - Law and Economics - - Regulation and Business Law - - - Regulated Industries and Administrative Law
    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:rje:randje:v:29:y:1998:i:summer:p:378-405. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (). General contact details of provider: https://www.rje.org .

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.