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

Abstract

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”.