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Part II The Arbitration Process and Persuasion Strategies, 6 Tribunal Formation Strategy

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

Arbitral tribunals — Appointment of arbitrator — Conflict of interests — Arbitration

This chapter centres on the tribunal formation strategy wherein decisions usually involve counsel’s subjective evaluations or prior knowledge with possible candidates. Moreover, numerous theoretical behavioural science concepts can be useful in formulating counsel’s judgements. Tribunal formation decisions represent the lawyer’s predictions as to how the panel will achieve their final decision. The primary approach in arbitrator selection mostly involves the lawyer’s hunches or prior experience in choosing the people to avoid or involve in a particular case. Stereotypes on human behaviour tend to be the basis behind the decisions. Psychological and sociological characteristics are also considered in terms of arbitrator selection.

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