Arbitration is widely regarded as a neutral and independent form of dispute resolution. However, the process by which arbitrators are selected often involves significant networking, business development, and referrals, raising important questions about the true independence of arbitrators. This session will explore whether arbitrators, knowingly or unknowingly, may carry subconscious biases linked to the parties who nominate them. Is it possible for arbitrators to remain entirely impartial when their appointment stems from established business relationships and personal networks?
The session will feature a panel discussion with experienced arbitrators who will share their personal insights into the appointment process, challenges of maintaining independence, and their own experiences with biases. Additionally, a behavioral psychologist will address the psychological aspects behind such biases and the impact of business and social connections on decision-making in arbitration.
Key Discussion Points:
The role of networking, referrals, and business development in arbitrator appointments.
The subconscious biases that might influence an arbitrator’s impartiality.
Can arbitrators be truly independent, or are there inherent influences that shape their decision-making?
Psychological insights into the business relationships that define arbitrator appointments.
Balancing professional independence with the realities of the arbitration business.
Format:
Introduction: Brief overview of the topic and key questions.
Panel Discussion: A moderated discussion with a panel of arbitrators sharing their personal experiences and perspectives.
Expert Commentary: A behavioral psychologist will present insights into the psychological aspects of arbitrator independence.
Q&A Session: An interactive session where attendees can pose questions to the panel.
Target Audience:
This event is ideal for legal professionals, arbitrators, lawyers, in-house counsel, academics, and behavioral experts involved in arbitration or dispute resolution.