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About the Authors »
Donald E. Vinson, Klaus Reichert
From: Arbitration: the Art & Science of Persuasion (1)Donald Vinson, Klaus Reichert
Acknowledgements »
Donald E. Vinson, Klaus Reichert
From: Arbitration: the Art & Science of Persuasion (1)Donald Vinson, Klaus Reichert
Part II The Arbitration Process and Persuasion Strategies, 11 Behavioural Research for Arbitration »
Donald E. Vinson, Klaus Reichert
From: Arbitration: the Art & Science of Persuasion (1)Donald Vinson, Klaus Reichert
This chapter focuses on the techniques conducted for studying arbitration. According to conventional wisdom, people are likely to be convinced if they have propositions with positive attitudes, opinions, or beliefs instead of negative ones. Sensitivity to human behaviour is involved in developing effective persuasion strategies. The chapter also differentiates the roles between arbitrators and jurors. Behavioural research has been conducted to develop and further persuasive strategies. Moreover, consultants and research experts could assist in the research as most lawyers are not trained in social sciences or research methods. Arbitration studies usually involve issues analysis, assessment of decision makers, strategy testing, witness evaluation, damage analysis, visual communication testing, and simulation.
Part I Social Science and Persuasion, 3 Communication and Techniques of Persuasion »
Donald E. Vinson, Klaus Reichert
From: Arbitration: the Art & Science of Persuasion (1)Donald Vinson, Klaus Reichert
This chapter covers the techniques of persuasion and communication. It also highlights how the psychology of communication played an important role in the development of the arbitration strategy. Persuasive communication aims to influence attitudes and beliefs. The credibility and likability of the speakers are vital variables under the persuasiveness of a message. Thus, despite relevant and persuasive evidence, witness testimony could be undermined if the speaker is known to have low personal credibility. The chapter provides strategies to improve speakers’ credibility, persuasiveness, and use of emotional messages. According to research, rhetorical questions and repetition could help arouse and recapture attention during an arbitral hearing.
Contents »
Donald E. Vinson, Klaus Reichert
From: Arbitration: the Art & Science of Persuasion (1)Donald Vinson, Klaus Reichert
Contributors »
Donald E. Vinson, Klaus Reichert
From: Arbitration: the Art & Science of Persuasion (1)Donald Vinson, Klaus Reichert
Contributor’s Index »
From: Arbitration: the Art & Science of Persuasion (1)Donald Vinson, Klaus Reichert
Part II The Arbitration Process and Persuasion Strategies, 9 Cross-examination and Closing Arguments »
Donald E. Vinson, Klaus Reichert
From: Arbitration: the Art & Science of Persuasion (1)Donald Vinson, Klaus Reichert
This chapter elaborates on the process of cross-examination and closing arguments. Most often than not, international arbitration laws call all of the opposing witnesses to challenge and cross-examine the majority of their witness statements. Moreover, the tribunal will always examine the veracity, accuracy, reliability of witness statements under the criteria of weight, materiality, and relevance. One of the strategic oral hearing objectives is ensuring the credibility of witnesses such as their expertise. Additionally, lawyers are discouraged to call witnesses with irrelevant statements. The chapter highlights the significance of behavioural influences in the perception and decision of the counsel’s intended audience.
Dedication »
Donald E. Vinson, Klaus Reichert
From: Arbitration: the Art & Science of Persuasion (1)Donald Vinson, Klaus Reichert
6 Dublin »
Klaus Reichert
From: Choice of Venue in International Arbitration
Edited By: Michael Ostrove, Claudia Salomon, Bette Shifman
This chapter evaluates the merits of Dublin as a venue for international arbitration proceedings. It discusses the history and development of arbitration in Ireland; the processes and rules as well as the role of courts in the conduct of arbitration proceedings; and rules for arbitral awards. It concludes that Dublin should be considered as a low-cost alternative to London, with many of the same advantages, but at lower cost. Ireland is also a party to the New York Convention; has passed a new Arbitration Act (2010), which is a virtually pure form of the United Nations Commission on International Trade Law (UNCITRAL) Model Law; provides for a dedicated arbitration judge in the High Court, and there is no appeal from the High Court on arbitration matters; and has a high-quality, independent judicial system and a high-quality bar.
Part II The Arbitration Process and Persuasion Strategies, 7 Encounters with the Arbitrators »
Donald E. Vinson, Klaus Reichert
From: Arbitration: the Art & Science of Persuasion (1)Donald Vinson, Klaus Reichert
This chapter looks into the encounters with the arbitrators. According to social psychologists, the primacy effect refers to the tendency to rely on the information first given. However, the evaluations of lawyers and witnesses could be influenced by the initial impression and expectations that would eventually result in the halo effect, which is the influence of a global positive of a person’s perceptions. The chapter discusses the structure of the written arbitration, which involves the memorials of the claimant and respondent. International arbitration presents a unique circumstance so first impressions, written phase, and document production are vital to keeping the counsel’s constant awareness of the tribunal.
Part I Social Science and Persuasion, 4 How Arbitrators See and Hear: The Importance of Perception »
Donald E. Vinson, Klaus Reichert
From: Arbitration: the Art & Science of Persuasion (1)Donald Vinson, Klaus Reichert
This chapter tackles the importance of perception for arbitrators. Perception refers to the process of understanding and apprehending the world through the senses. Thus, the perception of arbitrators focuses on the individual arbitrator views and the events amidst the arbitration due to selective sensitization. The attire, language, accent, and grooming could affect the perception of a person. Additionally, eyewitness testimony could help achieve the perception of people’s evidence despite the possibility of inaccuracies and distortion. An issue of attention, internal sets, distraction, and oral hearing could cause problems in perception as well. The chapter expounds on adaptation level theory and the theory of signal detection.
Introduction: An Overview of International Arbitration »
Donald E. Vinson, Klaus Reichert
From: Arbitration: the Art & Science of Persuasion (1)Donald Vinson, Klaus Reichert
This chapter provides an overview of international arbitration. Typically, the seat of an international arbitration determines the country laws applicable to the arbitration, but the actual commencement location of arbitration could still shift depending on the agreement of the parties. The planning phase of the arbitration follows the formation of the tribunal, which is also in line with the meeting between the tribunal and counsel. Then, the written phase of the arbitration involved the memorial of claimants and respondents, while the oral phase begins with the call for witnesses’ cross-examination. The chapter highlights the significance of persuasion when delivering information to the tribunal.
Part I Social Science and Persuasion, 2 The Key to Persuasion: Arbitrator Attitudes and Beliefs »
Donald E. Vinson, Klaus Reichert
From: Arbitration: the Art & Science of Persuasion (1)Donald Vinson, Klaus Reichert
This chapter focuses on the attitude and beliefs of arbitrators. Contrary to popular belief, arbitrators do not necessarily sift through factual information through inductive thinking. Numerous people make an immediate judgement before seeking support on their argument from accessible information. Thus, arbitrators bring cognitive structures into the arbitral process as it screens out information believed to be inconsistent with previous knowledge. The chapter explains how attitudes showcased an individual’s convictions as it plays a central role in evaluating alternatives and making decisions. On the other hand, belief systems consist of attitudes and values defining how a person understands the world.
Part I Social Science and Persuasion, 5 Learning and the Attribution of Innocence or Blame »
Donald E. Vinson, Klaus Reichert
From: Arbitration: the Art & Science of Persuasion (1)Donald Vinson, Klaus Reichert
This chapter explores the concept of learning and the attribution of innocence or blame. It also correlates the learning processes to arbitrator decision-making. Learning refers to one of the fundamental processes of human behaviour that involved oral hearing and arbitration. Moreover, learning is divided into two general categories: involuntary learning and voluntary learning. Involuntary learning is more often known as classical conditioning, while voluntary learning is closely linked to operant conditioning. The chapter notes that active participation in the learning process does improve the speed and amount of learning. It explores the attribution theory wherein personal characteristics tend to be overemphasized while ignoring situational factors.
List of Abbreviations »
Donald E. Vinson, Klaus Reichert
From: Arbitration: the Art & Science of Persuasion (1)Donald Vinson, Klaus Reichert
Part II The Arbitration Process and Persuasion Strategies, 8 Opening Statements »
Donald E. Vinson, Klaus Reichert
From: Arbitration: the Art & Science of Persuasion (1)Donald Vinson, Klaus Reichert
This chapter cites the persuasive techniques and tactical considerations that lawyers can employ for the oral hearing’s opening statement of any arbitration. In terms of arbitration, oral hearing resembles litigation in national courts. Thus, opening statements set up the stage on how and what arbitrators perceive during the hearing. The chapter also highlights the issue of the perspective of the counsel and arbitrators as they may not approach a case from the same perspective amidst the delivery of opening statements. Additionally, thematic anchors is a key psychological consideration in building persuasive opening statements as it would be the foundation of the tribunal’s final decision.
Organization of the Book »
Donald E. Vinson, Klaus Reichert
From: Arbitration: the Art & Science of Persuasion (1)Donald Vinson, Klaus Reichert
Part I Social Science and Persuasion, 1 Persuasion in International Arbitration »
Donald E. Vinson, Klaus Reichert
From: Arbitration: the Art & Science of Persuasion (1)Donald Vinson, Klaus Reichert
This chapter looks into persuasion in international arbitration. Persuasion involves the presentation of facts, arguments, and information in an effort to change another person’s attitudes. Thus, arbitrator persuasion depends on the lawyer’s ability to conceive, craft, and articulate messages to reach an agreement. A sophisticated insight into the complexities of human psychology goes hand in hand with a sound instinct, good judgement, and well-developed oratory skills. Behavioural science concepts and methodologies are useful to arbitration lawyers in an effort to develop persuasive communication strategies. Moreover, the chapter also tackles how technology like artificial intelligence could aid predictions and human judgement.
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