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Practising VirtueInside International Arbitration$
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David D. Caron, Stephan W. Schill, Abby Cohen Smutny, and Epaminontas E. Triantafilou

Print publication date: 2015

Print ISBN-13: 9780198739807

Published to Oxford Scholarship Online: January 2016

DOI: 10.1093/acprof:oso/9780198739807.001.0001

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Deliberations of Arbitrators

Deliberations of Arbitrators

(p.486) 29 Deliberations of Arbitrators
Practising Virtue

Richard M Mosk

Oxford University Press

This chapter sheds light on a highly confidential and pivotal aspect of the tribunal reasoning process: tribunal deliberations. The deliberative process is arguably the most sacrosanct part of arbitral decision-making, and glimpses into its inner workings are rare. Drawing on the personal experience as Judge of the Iran-United States Claims Tribunal, the chapter provides a step-by-step commentary on the deliberative process, while highlighting several important issues, including arbitrator misconduct, drawn-out deliberations, evidence and arguments not raised by the parties, and dissenting opinions; and offering, where possible, concise, practical solutions.

Keywords:   tribunal deliberations, international arbitration, deliberative process, decision-making

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