Dmitry Kaysin, partner in RGP dispute resolution practice, and Yan Kalish, counsel in the same practice, have become members of ICC Russia Working Group on Psychology in International Arbitration, a multi-disciplinary Working Group functioning as part of the Russian National Committee of the International Chamber of Commerce – The World Business Organization (ICC).
The Working Group was created in June 2021 on the initiative of the members of ICC Russia Commission on Arbitration.
Working Group Objectives
- Analyse the influence of modern approaches in psychology and applied communication methods and practices on international arbitration (rules of the arbitration institutes, recommendations to arbitrators and representatives of the parties, various aspects of arbitration proceedings, etc.). Identify best practices and outline acceptable and unacceptable means of exercising psychological influence on the parties to arbitration proceedings.
- Engage in multi-disciplinary research at the confluence of legal science, cognitive psychology, behavioural economics, etc. with respect to such matters as decision-making by the arbitrators, arbitrator bias, witness evidence in arbitration, etc.
- Based on such research, develop recommendations as to the parties’ and the arbitrators’ conduct during proceedings.
- Arrange for events with a focus on the relevant aspects of psychology in international arbitration.
- Engage experts from related disciplines in the Working Group.
- Hold educational sessions for the arbitration community.
- Publish materials on psychology in international arbitration.
Key Provisional Topics for Research, Events, Recommendations, etc.
- Working with the witnesses to prepare evidence (oral and written).
- Cross-examination of witnesses and experts.
- Arbitrator bias and other cognitive distortions (including unfair practice of putting an arbitrator under psychological pressure).
- Arbitrator behaviour patterns from the point of view of psychology (arbitrator’s active or passive stance).
- Arbitrator decision-making: general features and specifics, dynamics of interaction between several arbitrators on the panel.
For details, please see ICC Russia’s website.
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