Cognitive biases

Arbitration, Arbitrator Bias, Arbitrator's decision-making, Arbitrators, Bias, Cognitive biases, Investment Arbitration

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This post summarizes the International Court of Justice President Joan Donoghue’s discussion, on Delos Dispute Resolution’s TagTime series, with Dr. Kabir Duggal and Amanda Lee regarding cognitive biases of arbitrators, which are also applicable to judges. Judge Donoghue analogized the origin of those cognitive biases to how flamingos obtain their pink color, provided some examples…

Arbitrators, Artificial Intelligence, Bias, Cognitive biases, YSIAC Conference

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YSIAC

Introduction Humans versus robots: the YSIAC debate held yesterday as part of YSIAC Conference 2019 sought to address the deep question of what it means for us to be human and the timely question of whether technology can and will, one day, surpass us. The moderator for the debate was Professor Nadja Alexander (Director, SIDRA)….

Arbitration, Choice of Law, Cognitive biases, Rationality

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We often mislead ourselves into believing that, by arriving at a certain contract decision, we have carefully considered all available options, weighed up the pros and cons of each attribute dispassionately, and selected the most favourable outcome, i.e. the one which maximises our welfare in the transaction. Regretfully, however, we are seldom cognisant of the…