Final Offer Arbitration from a Civil Law Perspective – How to Play Baseball in a Soccer Country

Abstract

Final offer or “baseball” arbitration, a specific form of arbitration frequently adopted in the United States, is slowly beginning to be recognized also in civil law countries as a useful tool in the speedy resolution of disputes. A key feature of baseball arbitration is its particular conduciveness to settlements, while at the same time maintaining the power of the arbitrator to render an enforceable award. This article describes the characteristic features, as well as the different variants of final offer arbitration found in the practice of modern ADR from a civil lawyer’s perspective. In addition to discussing its advantages and disadvantages, the article also contemplates the circumstances in which final offer arbitration may be a potentially useful method of dispute settlement, and outlines strategic considerations that may come into play in the course of the proceedings.