Post by Sapphire Capital on Sept 5, 2008 21:15:55 GMT 4
When Do CEOs Bargain for Arbitration?: A Theoretical and Empirical Analysis
Randall S. Thomas
Vanderbilt University - School of Law; Vanderbilt University - Owen Graduate School of Management
Erin A. O'Hara
Vanderbilt University School of Law
Kenneth J. Martin
New Mexico State University - Department of Finance & Business Law
August 22, 2008
Vanderbilt Law and Economics Research Paper No. 08-23
Abstract:
In this paper, we ask whether CEOs bargain to include binding arbitration provisions in their employment contracts. After exploring the theoretical arguments for and against including such provisions in these agreements, we use a large sample of CEO employment contracts to test the several different hypotheses for including such provisions. We find that only about one half of CEO employment contracts in our sample include such provisions. We further find that CEOs that receive a higher percentage of long term incentive pay as a fraction of their total pay, that work in industry sectors that are undergoing greater amounts of change, and that have lower long term profitability are statistically significantly more likely to have arbitration provisions in their employment contracts.
papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1247843_code219969.pdf?abstractid=1247843&mirid=2
Randall S. Thomas
Vanderbilt University - School of Law; Vanderbilt University - Owen Graduate School of Management
Erin A. O'Hara
Vanderbilt University School of Law
Kenneth J. Martin
New Mexico State University - Department of Finance & Business Law
August 22, 2008
Vanderbilt Law and Economics Research Paper No. 08-23
Abstract:
In this paper, we ask whether CEOs bargain to include binding arbitration provisions in their employment contracts. After exploring the theoretical arguments for and against including such provisions in these agreements, we use a large sample of CEO employment contracts to test the several different hypotheses for including such provisions. We find that only about one half of CEO employment contracts in our sample include such provisions. We further find that CEOs that receive a higher percentage of long term incentive pay as a fraction of their total pay, that work in industry sectors that are undergoing greater amounts of change, and that have lower long term profitability are statistically significantly more likely to have arbitration provisions in their employment contracts.
papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1247843_code219969.pdf?abstractid=1247843&mirid=2