Rules and Reliability: How Arbitrators Decide Cases
The Roles of Psychology in International Arbitration 3 (Kluwer Arbitration Series, Tony Cole ed., 2017)
23 Pages Posted: 16 Aug 2017
Date Written: February 7, 2017
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