Arbitral Decision-Making: The Legal Theory and Psychological Reality - WAMR 2013 Vol. 7, No. 4
Originally from World Arbitration And Mediation Review (WAMR)
Much attention has been devoted in arbitration circles recently to the need to improve the quality of arbitral decisionmaking, including the effect that factors unrelated to the merits, such as cognitive biases and cultural influences, may have on outcomes. Manuel Conthe, a distinguished Spanish arbitrator, economist and former chair of Spain’s Securities and Exchange Commission, has been a leading spokesperson and author on the subject. In this session, Eduardo Zuleta will interview Mr. Conthe in what should be a thought-provoking dialogue on the subject.
EDUARDO ZULETA: Thank you very much. I am in a funny situation here. Number one, because this is the first time that I have moderated two panels in a row. Number two, because this is the first time that I have attempted to replace somebody who is watching me replace him. A hearing in a very important case prevented Jose Astigarraga from being here to interview Manuel, but then the hearing was cancelled. Jose is in the audience watching me replace him, which is an awkward situation.
In any event, I have had the privilege and the honor to be with both Jose and Manuel on two or three other panels where we have discussed the same issues that we are going to discuss today. Manuel Conthe, for those of you who do not know him, has had a long international career as a senior public official. He was Chairman of the Spanish Securities and Exchange Commission, Vice President of Finance of the World Bank, Officer of the Spanish Ministry of Finance and a member of the European Trade Policy Committee in the European Union. He is an arbitrator in both commercial arbitration and investment arbitration cases and he is a lawyer and an economist. But I have not worked with Manuel in any of these roles.