| ID: |
TARP-174 |
| Title: |
CULTURAL DIVERSITY IN INTERNATIONAL ARBITRATION – A Challenge for Decision-Makers and Decision-Making |
| Source: |
Arbitration International Volume 7, Number 2, page 155 |
| Parties: |
|
| Dispute Resolution Organ: |
|
| Year: |
1991 |
| Pages: |
0 |
| Author(s): |
Rosbel E. Goodman-Everard |
| Keywords: |
arbitration, culture, decision making, legal system, cultural diversity, international arbitration, comparative law, cultural neutrality |
| Abstract: |
What are the pitfalls of cultural diversity in arbitration? Usually the discussion about the qualities of international arbitrators focuses on independence and impartiality. Arbitrators should have no relationship with one of the parties, and should not be predisposed towards one of the parties or the outcome. A less discussed subject is the cultural neutrality of the international arbitrator. The neutrality of an arbitrator is often safeguarded by choosing him from a country other than that of the parties. The question is however, how meaningful this neutrality really is, given the fact that arbitrators are rooted in a national framework of law, culture, economic and social circumstances, political and religious values which provides them with a cultural baggage that colours their way of thinking and reasoning. |
| Secured: |
False |
| Download Article: |
Available here |
Keywords: arbitration/arbitrator, comparative law, cultural diversity, cultural neutrality, culture, decision/decision-making, international arbitration, legal system
