Identifying and Overcoming Arbitrator Bias - Advocacy in International Arbitration
Article from: TDM 4 (2008), in Arbitrator Bias
Summary
This article attempts to tackle the problem of bias in international arbitration. It first seeks to convince all involved in the process that bias is present in the human condition and to pretend that it does not exist in those who serve as arbitrators in transnational disputes is folly. After assuming that bias exists, the article summarizes some of the traditional tools of persuasion for addressing and overcoming bias in a decision maker. Finally, the article identifies some aspects of the system of international arbitration as it exists today that might help in the process of ...