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ARTICLE · 04 SEPTEMBER 2003

Advocacy, Psychology and Tactical Issues in Arbitration

ItalyLitigation, Mediation & Arbitration
Stefano Sutti
Stefano Sutti

Advocacy, psychology and tactical issues in arbitrations are at least as different from what a trial lawyer is used to in judicial proceedings as a trial by jury is from a bench trial.

For example, one factor which must be to taken into account is that arbitrators' choices and performance may affect their personal interests, while this is much less, if ever, the case for a judge or a juror.

This often makes arbitrators acutely aware of the time constraints which apply to the pending dispute, as failure to render the award in due time may result in the loss of their expected fee.

In addition, arbitrators are more concerned with independent scrutiny of their work than the average continental judge is likely to be. While in Italy and in other European jurisdictions reversal by a higher court carries no stigma, it is no secret that the frequent voidance of the awards of, say, an International Chamber of Commerce arbitrator may adversely affect his or her chances of appointments to

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