C. Debiasing Techniques and the Role of the Arbitral Tribunal
“When a lawyer has accepted a case his road is clear; he is like the soldier before a target. But the judge needs a force of character which the lawyer may lack; he must have the courage to exercise the almost divine function of rendering judgment, while constantly feeling within him the weakness and perhaps even the meanness of man”.…
In this section, I have tried to demonstrate, through the lens of behavioral sciences,…
Behavioral sciences provide, indeed, for some useful insights, which might offer…
Undoubtedly, being aware of the groundlessness of a fear, recognizing it as irrational,…
In this perspective, however naive this solution may appear, the so-called due process paranoia can…
On the other hand, the inertia of the arbitrators and their tendency to procrastinate…
A clear attempt to correct the arbitrators’ inertia through a carrot and stick technique…
Finally, in trying to suggest a theoretical argument that could facilitate the arbitrators…
In these cases, parties’ silence on the procedure could be understood by the arbitral…
Once it has been assumed that an arbitration clause, which is silent on the procedural…
In other words, by recovering the above-mentioned theoretical model of time-inconsistent preferences,…
After all, as stated by a US federal court: «Those who choose to resolve disputes…
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