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Secondly, arbitrators who have legal training are also impacted by the legal tradition which they were subject to. This “legal culture” may result in one arbitrator handling the proceedings in one way rather than another. A French arbitrator, for instance, may attach less importance to witness evidence and cross-examination than an American or English arbitrator. Similarly, common law lawyers might sometimes assume that “unless every point made [is]…
Counsel’s conduct in the course of the proceedings may negatively impact the arbitrator’s…
Leaving aside the procedural conduct of counsel, for the moment, cultural differences…
Culture (with capital “C”) very much influences the way we look at the world around…
