A paper addressing the application of psychology to international arbitration, submitted by Herbert Smith Freehills Senior Associate Ula Cartwright-Finch, was selected for presentation at the ICC Young Arbitrators Forum (YAF) – Young Austrian Arbitration Practitioners (YAAP) Joint Conference: “Young approaches to arbitration”, on 28 March 2015.
The ICC YAF-YAAP competition sought papers from young practitioners regarding novel ideas in international arbitration. Papers were judged for their scientific value, by a panel comprising members of the Secretariat of the ICC Court, the ICC YAF Regional Coordinators’ Committees and YAAP coordinating committee. Authors submitting the best and most novel ideas were invited to speak at the Joint Conference in Vienna.
Ula Cartwright-Finch’s paper argues that the law generally is unaware of scientific research on human cognition and behaviour, and that the effective application of findings from relevant areas of psychological research would enhance international arbitration as a form of dispute resolution. Using research on the decision-making patterns of Israeli parole boards, as an example, the paper provides a scientific critique of a study that is frequently cited in the context of judicial and arbitral decision-making. It concludes with three key proposals for ways in which to develop the effective application of psychology to international arbitration in future.
Click here to read the paper in full. If you would like further information on this topic, please contact ula.cartwright-finch@hsf.com .
Dr Ula Cartwright-Finch is a Senior Associate in Herbert Smith Freehills’ international arbitration practice. She holds a MA in Psychology and a PhD in Cognitive Neuroscience from UCL.
Key contacts
Simon Chapman KC
Partner, Regional Head of Practice - Dispute Resolution, Asia, Global Co-Head of International Arbitration, Hong Kong
Andrew Cannon
Partner, Global Co-Head of International Arbitration and of Public International Law, London
Christian Leathley
Partner, Co-Head of the Latin America Group, Co-Head of the Public International Law Group, US Head of International Arbitration, London
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