Rules and Reliability: How Arbitrators Decide Cases

Park, William W.

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Rules and Reliability: How Arbitrators Decide Cases

The Roles of Psychology in International Arbitration 3 (Kluwer Arbitration Series, Tony Cole ed., 2017)

Boston Univ. School of Law, Public Law Research Paper No. 17-38

23 Pages Posted: 16 Aug 2017

See all articles by William W. Park

William W. Park

Boston University - School of Law

Date Written: February 7, 2017

Abstract

Any robust account of how arbitrators decide cases must grapple with the roe of rules on several levels. Not just the “hard law” of treaties, statutes and cases, but also the “soft law” of professional guidelines elaborated by stake-holders in the arbitral community, addressing matters like witness examination and document production. With an aim to explore the interaction of law and arbitral decision-making, this essay takes several real life scenarios as prisms through which to separate themes about how rules affect arbitrator fidelity to the parties’ shared ex ante expectations.

Keywords: Soft Law, Hard Law, International Arbitration, Arbitration

JEL Classification: K33

Suggested Citation: Suggested Citation

Park, William W., Rules and Reliability: How Arbitrators Decide Cases (February 7, 2017). The Roles of Psychology in International Arbitration 3 (Kluwer Arbitration Series, Tony Cole ed., 2017), Boston Univ. School of Law, Public Law Research Paper No. 17-38, Available at SSRN: https://ssrn.com/abstract=3018711