Jamal Awil

← Opting out of the Legal System

Published arbitration principles increase predictability for market participants [causal]

The lack of written decisions and a tradition of stare decisis makes it difficult for market participants to make rational breach decisions and to determine in advance the type of sanctioned behavior. In order to increase predictability, many bourses in the world federation have relaxed the norm of complete secrecy. Arbitrators publish written announcements of the principles used to decide novel cases while keeping the parties and other identifying facts secret. The WFDB recently proposed compiling a computer data base of these statements of principle to promote worldwide uniformity of arbitrated judgments and to prevent "forum shopping."

Lisa Bernestein, Opting out of the Legal Sys…, loc. 242