Culture

Culture, Empirical Research, Evidence, FAI, International arbitration, Language, Legal Design, Psychology

(King’s College London and 3 Verulam Buildings)/ /Leave a comment

It was around 367 BCE when Plato wrote Νόμοι (The Laws), marking the first proper consideration of arbitration as a method for resolving private disputes. This work highlighted arbitration’s cost-effectiveness, the autonomy it provides through arbitrator selection, and the expertise and impartiality of arbitrators. Fast forward to today, arbitration is increasingly embraced by the international…

Arbitrator's decision-making, Arbitrators, Bias, Culture, ICCA, ICCA Hong Kong 2024, New York Convention, sociology of international arbitration

, (CMS Hasche Sigle, Hong Kong LLP), (Tanner De Witt), (The University of Hong Kong), and / /Leave a comment

This is the second post in ICCA’s series of reports on the ICCA 2024 Congress (“Congress”), which took place in Hong Kong. This post reports on the events of Monday, 6 May 2024, the first full day of the Congress. As informed by ICCA President, Dr Stanimir Alexandrov, in the opening post to this series,…

Advocacy, Arbitration, Arbitrator Selection, Arbitrators, Australia, Culture, Evidence, Witness

, , (King & Wood Mallesons)/ /Leave a comment
ACICA 45

The rapid growth of international arbitration in the Asia-Pacific has sparked many discussions about how different cultural practices and legal traditions impact advocacy in cross-border disputes (see, for example, Global Arbitration Review’s The Guide to Advocacy). On 3 August 2023, ACICA45 and King & Wood Mallesons in Sydney hosted a session titled “Clash of Cultures…

Arbitration, Culture, Diversity

(Villanova University)/ /3 Comments
Institute for Transnational Arbitration (ITA)

The answer to this question might seem simple, but consider an instance of a commercial arbitration between a Chinese company and an African state arising out of a failed railway project in Africa. Assume that all three arbitrators are European and from the civil law legal tradition. Assume further that they are experienced arbitrators of…