What Lurks in the Unconscious: Influences on Arbitrator Decision Making

摘要

While legal principles and precedents impose some rigor on decision making by arbitrators, subconscious factors that inevitably influence every person also play a significant role. With the current recognition of the psychological influences, a reexamination of best practices in arbitrator decision making is in order and concrete de-biasing steps that arbitrators can take to improve the quality of their decisions should be considered.