§ 14. The Relevance of Psychology in Restoring Arbitration Procedural Efficiency

III. Reasons Underlying “Rational but Inefficient Arbitrations”

“In fact, it is typical for Presidents, who are too shy or too weak, to be paralyzed by the excessive fear of violating the due-process principle. These Presidents will tend to accept indiscriminately all the requests of the parties, for example for the tribunal to appoint an expert, or generic and non-specific requests for production of documents, or extension of terms for the filing of briefs, or requests of admission of witnesses, without knowing how to use the wide discretion that is attributed to them [...]. In other words, the President must have, even at the stage of the taking of evidence, what I will refer to later as “the courage to decide””.(50)…