The Art of Persuasion and the Harmonization of Cultures through International Arbitration - European International Arbitration Review (EIAR) - Volume 4 - Issue 1
Marike R. P. Paulsson
Aysha Abdullah Mutaywea
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Originally from European International Arbitration Review
In times of globalization, implosion of international arbitration as a solid method of dispute resolution in certain regions of the world, challenges of e-discovery, virtual hearings and telephone conferences instead of in person preparatory conferences, one must revisit the art of persuasion. Especially for the new generation of international arbitration lawyers, most of who have completed entire degrees in international arbitration, who have competed in moot competitions around the world, who want nothing but to be an arbitration lawyer. Yet, they are part of the Generation Tweet. They have no conception of a letter that had been mailed, sitting down with friends and colleagues without the intervention of a Facebook notification, tweet, email or text message; they want access to any knowledge or news instantly whilst trifurcating their focus: on the brief they are drafting; the speaker they are listening to; and the latest messages on OGEMID. Yet, there they stand in front of a tribunal consisting of arbitrators who did in fact learn law by attending class with a notepad and pencil. Not only that: arbitration has enveloped the world of international trade and has moved from focusing on the old West to Asia, the Middle East and Africa introducing their Local Legal Cultures to international arbitration. The 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards may prove the grasp that international arbitration holds on the world: currently 154 States are a party to the Convention which is notably the most important treaty in the realm of international trade. Bahraini national Aysha Abdulla Mutaywea analyses the art of persuasion in a manner that embraces cultural differences and looks at those as a form of harmony rather than a form of a clash. She further addresses the psychology of persuasion. Neeti Sachdeva, of Indian nationality, describes the Zen of Persuasion and provides the reader with instruments necessary to master the skills of oral advocacy. Marike Paulsson, of Dutch and Surinamese decent, addresses the clash of Local Legal Cultures and proposes the Delphi Method for researching those clashes for proposing a hybrid answer: the culture of international arbitration. She finally summarizes the Art of Persuasion with Ten Lessons Learned.