Jamal Awil

← Opting out of the Legal System

Arbitral rulings provide poor predictability because arbitrators issue no written opinions. [causal]

When arbitrators opt to decide complex or novel cases, however, it is difficult for the parties to predict the rule of decision and/or the damage measure that arbitrators will apply. Since arbitrators neither make findings of fact nor render written opinions announcing their decisions, past decisions are a poor predictor of future outcomes.

Lisa Bernestein, Opting out of the Legal Sys…, loc. 263