Final Offer Arbitration

Baseball Arbitration, Final Offer Arbitration, FOA, Issue-by-Issue, Model Arbitration Clause, Whole Package

(Souto, Correa, Cesa, Lummertz & Amaral Advogados), (Bottega Di Bella), and (Guandalini Sampaio Advogados)/ /Leave a comment

A recent post discussed the upsides and downsides of the so-called Final Offer Arbitration (“FOA”)  also known as Baseball Arbitration. In short, in an FOA, instead of crafting an award from scratch, the arbitral tribunal simply has to pick either party’s final offer on the claims and elevate it to the final award, usually without…

Arbitration Agreement, Costs in arbitral proceedings, Expedited arbitration, Final Offer Arbitration, Procedure, Reasoned Awards

(Bottega Di Bella)/ /1 Comment

This is an introduction to the so-called “Final Offer Arbitration” (FOA), sometimes also referred to as pendulum or baseball arbitration. FOA is a model of arbitration that originated in the late 1940s and consolidated in the 1970s in the USA to resolve labour disputes in the public sector and the baseball league, hence the name….