greatest simplifcation that we can achieve, if in situations in everything identical in which the only variation is the use of arbitration, such diferentiation brings or not a real beneft to organizations. Diferentiation appears as a label for a wide range of strategies and allows, at the limit, the creation of something that is considered unique in the sector where the organisation is inserted. We will also seek to answer the question whether, even if at a marginally higher cost, the institutionalised adoption of arbitrage continues to bring benefts to organisations. As we said, it is not easy to fnd in the literature references linking arbitration issues with the competitiveness or performance of companies. Although arbitration is a subject of study of the legal science since its beginnings and since classical antiquity, the analysis of the advantages and disadvantages for companies of the use of this alternative method of dispute resolution have been successively approached from a strictly legal perspective, which necessarily reduces its scope and efectiveness. In the words of Drahozal "Although legal scholarship often has been criticised as being too divorced from empirical realities, numerous eforts - from hiring faculty with interdisciplinary backgrounds, to conducting training in research methods, to the creation of specialised journals - have sought to encourage and facilitate empirical research on legal issues" . 10 A large part of the root of this problem lies in the fact that arbitration awards are confdential, which makes it impossible, in practice, to empirically analyse the success or failure of a given company in resorting to arbitration and, therefore, establish the infuence of that decision on its performance. Some arbitration centres, such as the ICC, make available some of the most emblematic decisions, but the criteria for selecting these decisions does not al low us to extract, with certainty, acceptable empirical results. Notwithstanding the above, there are several studies that have looked at various aspects of the arbitration process that should be revisited. These studies cover various aspects of arbitration, namely: the agreement to submit a dispute to arbitration; arbitration proceedings; the selection of arbitrators; applicable rules; and arbitration awards. As for the arbitration agreement, the two reasons that appear as the most relevant for making the decision to resort to arbitration are to avoid the state courts and take advantage of the international legal framework. On the other hand, reference to the rightness and fairness of the decision also appear to be the main motivating criteria for resorting to arbitration. As regards arbitration procedures, "The procedures in arbitration present a wide-ranging topic for empirical research, and the existing studies merely scratch the surface of possible research" . Apart from some studies on the criteria for choosing 11 arbitrators and on the use of preventive measures in arbitration, there has been very little scientifc production in this area. As for the decisions themselves, and also their formation process, the existing empirical studies focus essentially on their feasibility, leaving aside the efects that the existence of Drahozal, 2006, pag. 291. 10 Drahozal, 2006, pag. 291. 11 11
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