仲裁中的对抗制与纠问制程序

Adversarial and Inquisitorial Procedures in Arbitration

RAND Journal of Economics · 1998
被引 204
人大 AFT50ABS 4

中文导读

比较仲裁中对抗制与纠问制两种程序,证明即使仲裁员平均信息量与双方相当,对抗制仍更优,因其能有效分配举证责任,从看似无结论的争议中提取最大信息量。

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.

对抗制纠问制仲裁举证责任