Find all School-related info fast with the new School-Specific MBA Forum

It is currently 21 Nov 2014, 08:38

Close

GMAT Club Daily Prep

Thank you for using the timer - this advanced tool can estimate your performance and suggest more practice questions. We have subscribed you to Daily Prep Questions via email.

Customized
for You

we will pick new questions that match your level based on your Timer History

Track
Your Progress

every week, we’ll send you an estimated GMAT score based on your performance

Practice
Pays

we will pick new questions that match your level based on your Timer History

Not interested in getting valuable practice questions and articles delivered to your email? No problem, unsubscribe here.

Events & Promotions

Events & Promotions in June
Open Detailed Calendar

1 The two main theories of arbitration may be

  Question banks Downloads My Bookmarks Reviews Important topics  
Author Message
TAGS:
Manager
Manager
User avatar
Joined: 01 Aug 2008
Posts: 118
Followers: 1

Kudos [?]: 28 [0], given: 2

1 The two main theories of arbitration may be [#permalink] New post 13 Jun 2009, 05:10
1 The two main theories of arbitration
may be described as judicial and
political. One might even go so far as to
characterize them by saying that the first
5 is based on how arbitration is supposed
to work, while the second is based on
how it does in fact work.
The judicial theory implies that a
“just” solution of the dispute does in fact
10 exist, and that it is the duty of the
arbitrator to decide on the principles and
the facts involved. The arbitrator sits as
a private judge, called upon to
determine the legal rights and the
15 economic interests of the parties
involved as these rights and interests
are demonstrated by the information
provided by the parties themselves. The
political theory, on the other hand,
20 regards arbitration as an extension of
both collective bargaining and, of
course, collective coercion. The
arbitrator functions as a sensitive
instrument of sorts, accurately recording
25 the relative strengths of the parties and
making sure that the lion gets his share.
To some extent, however, these
opposing theories represent a confusion
between arbitration and conciliation, the
30 act of appeasing both parties to a
dispute without necessarily rendering a
just or pragmatic decision. The notion of
compromise that dominates conciliation
may also guide arbitration, although, in
35 the process of arbitration, the result
necessarily requires the decision of an
outsider rather than an accommodation
between the parties themselves.
Nevertheless, since to some the idea of
40 arbitration necessarily involves absolute
“rights,” compromise is likely to be
regarded as the solution of the timid or
the unprincipled. Arbitration grounded in
political theory, while more likely to
45 permit conciliation, is therefore less
preferable to both parties in a dispute,
despite the obvious practicality of
compromise.

1. Which of the following, if true, would most effectively weaken the author’s assessment of the drawbacks of the political theory of arbitration?

Litigation is becoming a more popular alternative to arbitration.

A system of checks and balances was put in place to reduce the likelihood of finding biased arbitrators.

Contending parties in most disputes establish compromise as one of their most important goals.

The process of arbitration uncovered new strategies for avoiding conflicts between contending parties.

Resolution of the problem of the opposing rights of the parties involved in labor settlements can be achieved.


2. It can be inferred from the passage that all of the following are elements of the political theory of arbitration EXCEPT

an evaluation of the balance of power between disputing parties

a willingness on the part of both parties to accept compromise

a relative disregard of the importance of moral right in the dispute

an understanding that any compromise must appear to be just

an extension of collective bargaining
_________________

==============================================
Do not answer without sharing the reasoning behind ur choice
-----------------------------------------------------------
Working on my weakness : GMAT Verbal
------------------------------------------------------------
Ask:
Why, What, How, When, Where, Who
==============================================

Kaplan Promo CodeKnewton GMAT Discount CodesManhattan GMAT Discount Codes
Manager
Manager
avatar
Joined: 10 May 2009
Posts: 68
Followers: 1

Kudos [?]: 13 [0], given: 11

Re: theories of arbitration [#permalink] New post 13 Jun 2009, 05:55
C and C.

What's the OA?
Manager
Manager
User avatar
Joined: 01 Aug 2008
Posts: 118
Followers: 1

Kudos [?]: 28 [0], given: 2

Re: theories of arbitration [#permalink] New post 13 Jun 2009, 10:18
prinits wrote:
C and C.

What's the OA?


why C and C?
_________________

==============================================
Do not answer without sharing the reasoning behind ur choice
-----------------------------------------------------------
Working on my weakness : GMAT Verbal
------------------------------------------------------------
Ask:
Why, What, How, When, Where, Who
==============================================

Senior Manager
Senior Manager
avatar
Joined: 16 Apr 2009
Posts: 341
Followers: 1

Kudos [?]: 57 [0], given: 14

Re: theories of arbitration [#permalink] New post 13 Jun 2009, 13:54
1) C

Arbitration grounded in
political theory, while more likely to
45 permit conciliation, is therefore less
preferable to both parties in a disput.

Only C weakens that :- If both parties agrees on conciliation then this should be preferable solution

For 2) C
I was not able to infer "a relative disregard of the importance of moral right in the dispute"
_________________

Always tag your question

Director
Director
avatar
Joined: 23 May 2008
Posts: 840
Followers: 3

Kudos [?]: 32 [0], given: 0

Re: theories of arbitration [#permalink] New post 17 Jun 2009, 00:35
CC
Manager
Manager
User avatar
Joined: 01 Aug 2008
Posts: 118
Followers: 1

Kudos [?]: 28 [0], given: 2

Re: theories of arbitration [#permalink] New post 17 Jun 2009, 21:46
prinits wrote:
C and C.

What's the OA?


OA: C, D
_________________

==============================================
Do not answer without sharing the reasoning behind ur choice
-----------------------------------------------------------
Working on my weakness : GMAT Verbal
------------------------------------------------------------
Ask:
Why, What, How, When, Where, Who
==============================================

Re: theories of arbitration   [#permalink] 17 Jun 2009, 21:46
    Similar topics Author Replies Last post
Similar
Topics:
4 Experts publish their posts in the topic According to economic signaling theory, consumers may Vercules 2 28 Mar 2013, 02:54
A scientific theory is a good theory if it satisfies two tenaman10 13 15 Jul 2009, 00:19
Though viewed from a distance, Saturn's main rings may faifai0714 3 13 Mar 2007, 19:53
Though viewed from a distance, Saturn's main rings may cool_jonny009 15 06 Feb 2006, 21:21
Though viewed from a distance, Saturn's main rings may Puilunchristin 7 19 Jan 2006, 17:46
Display posts from previous: Sort by

1 The two main theories of arbitration may be

  Question banks Downloads My Bookmarks Reviews Important topics  


GMAT Club MBA Forum Home| About| Privacy Policy| Terms and Conditions| GMAT Club Rules| Contact| Sitemap

Powered by phpBB © phpBB Group and phpBB SEO

Kindly note that the GMAT® test is a registered trademark of the Graduate Management Admission Council®, and this site has neither been reviewed nor endorsed by GMAC®.