Arbitrator Decision-Making: Unconscious Psychological Influences and What You Can Do About Them - ARIA Vol. 24, No. 3, 2013

Author(s): 

Edna Sussman

Page Count: 

28 pages

Media Description: 

1 PDF Download

Published: 

December, 2013

Practice Areas: 

Arbitrators and Arbitral Tribunals,

Responsibility of Arbitrators,

Independence and Impartiality

Author Detail: 

Edna Sussman, www.sussmanADR.com, is a full-time, independent arbitrator and

mediator specializing in international and domestic commercial disputes and the

Distinguished ADR Practitioner in Residence at Fordham University School of Law. She

serves on the arbitration and mediation panels of many of the leading dispute resolution

institutions and serves as the Vice Chair of the New York International Arbitration Center

and on the board and the executive committee of the American Arbitration Association and

the College of Commercial Arbitrators. A frequent author and lecturer, she formerly chaired

the Arbitration Committee of the American Bar Association’s Section of International Law

and the Dispute Resolution Section of the New York State Bar Association.

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Description: 

Originally from American Review of International Arbitration - ARIA

Preview Page

I. INTRODUCTION

Mr. Coulson’s discussion of what was known at the time about psychological

influences on arbitrator decision-making presaged the vigorous discussion of that

subject which developed recently, some 20 years later. With the explosion of bestselling

books on decision-making and the popularization of the psychological

learning on the subject,2 attention has turned to its applicability to arbitrators.

Presentations at meetings of the International Bar Association,3 the Swiss

Arbitration Association and Brunel University4 in 2013 and the upcoming

International Council for Commercial Arbitration (‘ICCA”) Congress in 2014

have all focused on arbitral decision-making and the role of psychology.5