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== Résumé de l'auteur == | == Résumé de l'auteur == | ||
''An arbitrator's ability to decide a case in a rational manner is impacted by psychological patterns of thought. Those are deeply engraved in our brain and are commonly called “biases”. One of the most dangerous and best-researched biases is the “What you see-is-all-there-is”-Effect (“WYSIATI-Effect”): the human brain is unable to disregard a piece of information when making a decision once the brain has taken note of it. One cannot unring the bell. In addition, the brain has immense problems to draw an adverse inference from deliberately withheld and thus content-wise unknown information. An arbitrator's decision-making is often confronted with the WYSIATI-Effect, e.g. when inadmissible evidence is presented or a document request is openly disregarded. Awareness of the WYSIATI-Effect and its consequences is therefore a must for every seasoned arbitrator and counsel.'' | ''An arbitrator's ability to decide a case in a rational manner is impacted by psychological patterns of thought. Those are deeply engraved in our brain and are commonly called “biases”. One of the most dangerous and best-researched biases is the “What you see-is-all-there-is”-Effect (“WYSIATI-Effect”): the human brain is unable to disregard a piece of information when making a decision once the brain has taken note of it. One cannot unring the bell. In addition, the brain has immense problems to draw an adverse inference from deliberately withheld and thus content-wise unknown information. An arbitrator's decision-making is often confronted with the WYSIATI-Effect, e.g. when inadmissible evidence is presented or a document request is openly disregarded. Awareness of the WYSIATI-Effect and its consequences is therefore a must for every seasoned arbitrator and counsel.'' | ||
== Prolog: On a Long, Rainy Day in Cologne, Germany … == | |||
== WYSIATI – a Psychological Phenomenon Relevant for Arbitration == | |||
== Processing Known Information or “You Cannot Unring the Bell” == | |||
=== Belated Submission of Factual Statements or Evidence === | |||
=== The Surprise Witness === | |||
=== Illegal Evidence === | |||
=== Disclosure of a Confidential Settlement Offer === | |||
== Hiding the “Known Unknown” Information or “Does Foul Play Pay?” == | |||
=== Refusal to Submit Documents === | |||
=== The Mute Witness === | |||
== Alarming Consequences of the WYSIATI-Effect: Biased Arbitrators? == | |||
=== Disqualification of Arbitrators as Biased? === | |||
=== The “Not Me & Not in This Case” Defense === | |||
=== The Somewhat Unsatisfactory But Correct Solution: Accept Bias as a Fact of Life === | |||
=== Reverting to Different Sanctions: The WYSIATI-Effect and Guerilla Tactics === | |||
== For Arbitrators and Counsel: Hard and Fast Rules to Deal With the WYSIATI-Effect == | |||
== Epilog: After a Long, Rainy Day in Cologne, Germany … == | |||
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Version du 27 janvier 2026 à 11:02
Risse, J. (2021). The WYSIATI-Effect and Biased Arbitrators. ASA Bulletin, 39, 315. https://doi.org/10.54648/asab2021028 (ouvrir avec le VPN)
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Résumé de l'auteur
An arbitrator's ability to decide a case in a rational manner is impacted by psychological patterns of thought. Those are deeply engraved in our brain and are commonly called “biases”. One of the most dangerous and best-researched biases is the “What you see-is-all-there-is”-Effect (“WYSIATI-Effect”): the human brain is unable to disregard a piece of information when making a decision once the brain has taken note of it. One cannot unring the bell. In addition, the brain has immense problems to draw an adverse inference from deliberately withheld and thus content-wise unknown information. An arbitrator's decision-making is often confronted with the WYSIATI-Effect, e.g. when inadmissible evidence is presented or a document request is openly disregarded. Awareness of the WYSIATI-Effect and its consequences is therefore a must for every seasoned arbitrator and counsel.