B. Reasons Underlying the Excess of Procedural Requests: Arbitrators’ Perspective
In spite of the broad discretion assigned (by state law and the rules provided by…
Although their role entails finding a fair balance between the various interests…
Using the theoretical framework offered in the previous paragraph (i.e., time-inconsistent preferences),…
The reasons why arbitrators prefer to grant almost any single procedural request…
a) A first explanation of this attitude is summarized by the expression due process paranoia,…
The “paranoia” of the arbitrators towards the risk of seeing their own award set…
In this sense, the data emerging from the analysis of the decisions taken by the…
For example, in England, in the last two decades, there has not even been a single…
Significantly, similar results also emerge from data collected in the United States…
b) Although fear is a widespread human feeling, it is certainly naive to exhaust within the so-called due process paranoia the…
Decision-making processes’ scholarship distinguishes the decisions taken in an isolated…
In this latter case, at an unconscious level, the decision is influenced by the following…
Clearly, such questions show how individuals, when acting in a “social context”,…
Without a doubt, arbitration proceedings represent a “social context” and not an…
In other words, the attitude of arbitral tribunals to grant parties’ procedural requests,…
c) Pathological practices in conducting arbitration proceedings (in terms of time and costs) can also be explained in light of another well-known characteristic of individuals: inertia or…
In fact, although not efficient in terms of procedural economy, granting procedural…
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