Bytes and Prejudice: Technology as a Means to Address Unconscious Bias in Arbitrators - Journal of Technology in International Arbitration - Vol. 1, No. 1 | ArbitrationLaw.com

Author(s):

Paul H. Cohen

Page Count:

16 pages

Media Description:

1 PDF Download

Published:

June, 2015

Jurisdictions:

Practice Areas:

Arbitrators and Arbitral Tribunals,

Capacity and Qualifications of Arbitrators,

Independence and Impartiality,

Nationality of Arbitrators,

Online Arbitration,

International Character of Dispute,

Institutional and Administered Arbitration,

Dispute Resolution & Litigation,

Cross Examination,

Electronic Documents,

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Description:

Originally from Journal of Technology in International Arbitration

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I. INTRODUCTION

In the 19th and early 20th Centuries, rapidly industrializing

societies provided the backdrop for the research and hypotheses

of economists and political scientists (not that they were called

political “scientists” then). Their conclusion was that people

tended to pursue “rational” goals – i.e., maximizing their wealth –

and to do so in a rational manner. John Stuart Mill wrote of

economic analysis that

[i]t is concerned with [man] solely as a being who desires

to possess wealth, and who is capable of judging the

comparative efficacy of means for obtaining that end.1

The approach described above by Mill and shared by other

likeminded thinkers eventually came to be known as rational

choice theory. It proceeded on the assumption that men and

women were rational actors who would arrive at rational

outcomes, if equipped with sufficient information.2 Rational choice

theory spread across the disciplines, conquering political science3
and history,4 and making substantial inroads into legal analysis.5