The process of arbitration requires human reasoning and decision-making. Parties evaluate the evidence that is available to them and decide how to best present their case. Arbitrators aim to resolve a dispute by weighing the evidence and the legal arguments that are presented by each side. Researchers have underlined the importance of strong evidence in legal deliberations, but what exactly characterizes strong arguments? This chapter addresses this question as a first point. The characteristics of arbitrators, such as age, gender, and cultural background, may affect how arbitrators process arguments. Yet given the aim of arbitration to be an objective and neutral process, it is important to consider how such characteristics may impact the ultimate outcome of a case. This chapter examines the last of these characteristics, namely the role of culture in this decision-making process. More precisely, this chapter reviews the research evidence on how members of different cultures evaluate strong and weak arguments.
- Hornikx, J. (2017). Cultural differences in the perceptions of strong and weak arguments. In T. Cole (ed.), The role of psychology in international arbitration (pp. 72-92). Alphen aan den Rijn: Wolters Kluwer. [link]