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Author: search.filters.author.Covarrubias Miranda, José Centeotl

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    Unconscious bias in international arbitration: A proposal to address and mitigate this problem
    (2023)
    Covarrubias Miranda, José Centeotl
    ;
    Muñoz López, José Edgardo
    Abstract This thesis, "UNCONSCIOUS BIAS IN INTERNATIONAL ARBITRATION: A PROPOSAL TO ADDRESS AND MITIGATE THIS PROBLEM," explores the manifestation of unconscious bias within the field of international arbitration and proposes a practical framework for its mitigation. The study employs a multidisciplinary methodology, drawing from legal and psychological principles, including nomological, historical, deductive, inductive, and judicial methods. The work argues that unconscious bias, a systematic error in decision-making rooted in implicit mental shortcuts, affects arbitrators, counsels, and experts, compromising the core principles of impartiality and independence. The analysis delves into various legal and social contexts, examining how biases such as affinity, confirmation, and racial and gender prejudices influence judicial and arbitral decisions, as demonstrated by key cases like WADA v. Sun Yang and Halliburton v. Chubb. The thesis concludes that while unconscious biases cannot be eradicated, they can be mitigated through awareness and education. A key proposal is the implementation of a protocol that encourages arbitration participants to take the Implicit Association Test (IAT). This tool would assist them in identifying their personal biases, thereby promoting more impartial decision-making and fostering greater diversity in the selection of arbitrators. The study's ultimate contribution is a concrete action plan aimed at strengthening the fairness, validity, and enforceability of international arbitral awards.