The Inner Development Goals – A Framework of transformative Skills Needed to Confront Implicit Cognitive Biases in International Arbitration

Edoardo Marcenaro, Head of Legal & Corporate Affairs , Enel Grids srl, Italy

The present paper has been inspired by the invitation made by Claudia Salomon, the President of International Chamber of Commerce (ICC) International Court of Arbitration, to join her on the journey to avoid over relying on any one tool with respect to arbitration, but instead to “retool”, considering that we have various alternatives to solve disputes. In her speech in the ICC Arbitration and ADR Commission last March, Claudia mentioned Maslow’s Hammer , the cognitive bias on over reliance on a familiar instrument, in our case arbitration and its “magnetic” pull. And she questioned, among other things, “whether staying out of courts is the best outcome for our clients – or whether we let our bias for arbitration over other tools creep in”.

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Arbitration Energy January 2023 Vol.16, No. 62, Winter 2023

Edoardo Marcenaro


Edoardo Marcenaro has been working in Enel Group since 2001, where he firstly took care of major M&A transactions in Eastern Europe up to 2008, following the legal affairs of the various companies acquired in the subsequent 10 years. Afterwards, he gave legal support in the establishment and start – up of Enel X, the company created for energy services, energy efficiency and electric mobility. Since January 2019 he is in charge of the legal department of Enel Grids srl.

Arbitration Energy January 2023 Vol.16, No. 62, Winter 2023