Arbitration has been criticized as displacing cases from the public courts and thereby reducing production of court precedent (the “displacement hypothesis”). Moreover, while arbitral awards might substitute for precedent, standard view is that arbitrators have little incentive to issue produce legal rules because such mostly benefit parties future disputes “positive externalities This Article ...

OBJECTIVE To determine whether women, ethnic minorities, and particular specialties are discriminated against in the receipt of NHS distinction awards. DESIGN Analysis of database of consultants eligible for distinction awards. SETTING England and Wales, 2002. MAIN OUTCOME MEASURES Holding of B, A, and Aplus distinction awards, analysed for all awards, irrespective of when made, and for a...

Awards such as orders, medals and decorations are a global phenomenon; they exist everywhere in society and in all times. They serve as signals to generally indicate socially desired behavior as well as motivators for individual persons. Awards in the form of orders, crosses, decorations, prizes, and titles, are non-material, but extrinsic incentives. The realm of awards is quite vague. The sem...

As the contributions to this Symposium suggest, much could be done to improve arbitration, particularly the sort of “new” or “mass” arbitration that has sprouted during the past twenty-five years. Mass arbitration stems from the judiciary’s modern favorable attitude toward enforcement of arbitration clauses, even those imposed upon consumers, employees, small vendors, and debtors as part of a s...

La naturaleza convencional del arbitraje permite a las partes abstraerse de la justicia ordinaria y someter una eventual disputa este método alternativo resolución controversias. El convenio arbitral ha ser formulado forma suficiente, modo que expresen su inequívoca voluntad someterse al sistema arbitral. Sin embargo, es común observar insuficiencia dicha cláusula, ya sea por limitaciones lingü...