Unconscious bias in international arbitration: A proposal to address and mitigate this problem
Date Issued
2023
Author(s)
Covarrubias Miranda, José Centeotl
Advisor(s)
Muñoz López, José Edgardo
Type
text::thesis::bachelor thesis
Abstract
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.
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.
Subjects
License
Acceso Abierto
URL License
How to cite
Covarrubias Miranda, J. C. (2023). Unconscious bias in international arbitration: A proposal to address and mitigate this problem. (Tesis de Licenciatura). Universidad Panamericana.
Table of contents
Chapter 1. Arbitration as an international dispute resolution mechanism -- Chapter 2. Unconscious bias in the decision-making process -- Chapter 3. Unconscious bias in State proceedings and enforcement -- Chapter 4. Unconscious bias in international arbitration and its legal framework -- Chapter 5. How to measure unconscious bias. A proposal to mitigate it in international arbitration