Originally from The Art of Advocacy in International Arbitration - 2nd Edition

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I.          Introduction

One of the inherent strengths of the current system of international arbitration is the unique opportunity for advocates and students of advocacy from so many different cultures to learn from each other about ways to enhance the effectiveness of their arguments and presentations. Some approaches to effective advocacy that might at one time been seen as radical have become routine as they were tested and found to be effective, while other approaches once thought to be expected and normal have been abandoned.

In addition to cross-cultural learning, we are all benefitted by the influences of disciplines other than law as we work to improve the effectiveness of our advocacy.  For example, scientific research in the field of psychology has provided valuable information about how to improve communications and persuasion in arbitration and other types of legal decision making, and thus, assist arbitration panels and individual arbitrators in better understanding the evidence and positions of the parties in an arbitration.

There is a substantial body of research and writing relating to the use of scientific methodology as applied in the context of both court trials and domestic arbitrations within the United States. For example, scientific methodologies have been used to study various aspects of lay jury and domestic arbitrator selection, lay juror and domestic arbitrator perceptions, the impact of using visual aids during the trial and arbitration process, and decision making processes throughout court trial and domestic arbitration proceedings.