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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

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 27 November 2022

Subject(s):
Arbitrators — Counsel — Deliberation and drafting — International courts and tribunals, decisions — Judicial reasoning — Arbitration

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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