Innovative solutions for an age-old issue: How transparency and data analytic tools can improve diversity in international arbitration

2021 ◽  
Vol 5 (1-2) ◽  
pp. 24-42
Author(s):  
Fahira Brodlija
Keyword(s):  
Decision Making ◽  
Cognitive Biases ◽  
Vicious Cycle ◽  
International Arbitration ◽  
Diverse Field ◽  
Diverse Backgrounds ◽  
Innovative Solutions ◽  
The World ◽  
Available Information ◽  
Data Analytic

International arbitration is an inherently diverse field. The disputing parties and their counsel come from all over the world, but the arbitrators selected by these same parties and their counsel rarely reflect their diverse backgrounds. Although the arbitration community largely supports diversity initiatives and the goal of making arbitral tribunals more reflective of the parties and the global community, the available studies that parties and their counsel continue to appoint a small number of repeat players to the tribunals. This paper traces the diversity deficiency to its roots in the lack of available information about diverse arbitrators and the cognitive biases that perpetuate the vicious cycle of repeat appointments. The paper then turns to potential solutions in the form of data analytic tools, that would collect, analyze and provide information on the case management and decision making of arbitrators.

Behavioral Finance

2019 ◽  
Author(s):  
H. Kent Baker ◽  
Greg Filbeck ◽  
John R. Nofsinger
Keyword(s):  
Decision Making ◽  
Behavioral Finance ◽  
Social Factors ◽  
Cognitive Biases ◽  
Risk Tolerance ◽  
Market Anomalies ◽  
The World ◽  
Financial Decision ◽  
The Common ◽  
And Gender

People tend to be penny wise and pound foolish and cry over spilt milk, even though we are taught to do neither. Focusing on the present at the expense of the future and basing decisions on lost value are two mistakes common to decision-making that are particularly costly in the world of finance. Behavioral Finance: What Everyone Needs to KnowR provides an overview of common shortcuts and mistakes people make in managing their finances. It covers the common cognitive biases or errors that occur when people are collecting, processing, and interpreting information. These include emotional biases and the influence of social factors, from culture to the behavior of one’s peers. These effects vary during one’s life, reflecting differences in due to age, experience, and gender. Among the questions to be addressed are: How did the financial crisis of 2007-2008 spur understanding human behavior? What are market anomalies and how do they relate to behavioral biases? What role does overconfidence play in financial decision- making? And how does getting older affect risk tolerance?

A Model Proposal for Local Governments to Increase Citizen Involvement in the Age of Information Society and E-Government

2022 ◽  
pp. 344-362
Author(s):  
Ceray Aldemir ◽  
Eyüp Şen
Keyword(s):  
Decision Making ◽  
Local Government ◽  
Citizen Participation ◽  
Local Governments ◽  
The Internet ◽  
Citizen Involvement ◽  
Decision Making Process ◽  
The Third ◽  
Innovative Solutions ◽  
The World

Crowdsourcing is a form of citizen participation in which an institution has a question submits to citizens via the internet in order to get citizens to think about innovative solutions to the problem. Several municipalities around the world have already used this means, but it has not yet been clear exactly how they can use it and which preconditions play a role in this. Thus, this chapter argued the concept of citizen involvement in the age of ICT by emphasizing the two related terms e-government and e-local government, then secondly the chapter underlined the importance of the necessity of citizen participation in the policymaking process. In the third section of this chapter, it has been argued the crowdsourcing concept as a tool of participation in the age of ICT. Then finally the paper outlined a model for local governments that may use the crowdsourcing approach in the decision-making process.

Sources of bias in examination of forensic traces

2019 ◽  
Vol 303 ◽  
pp. 61-67
Author(s):  
Mateusz Ignaszak ◽  
Keyword(s):  
Decision Making ◽  
Cognitive Biases ◽  
Practical Aspect ◽  
Human Being ◽  
Cognitive Errors ◽  
Internal Factors ◽  
Pyramid Structure ◽  
The World

Every human being has a cognitive apparatus that he/she uses every day. Due to its limitations, we are susceptible to all kinds of cognitive errors that affect the observation of the world and decision making. Also forensic experts are not immune to external and internal factors that may cause issuing false opinions. The aim of the article is to show the multilevel problem of prevalence and susceptibility to any cognitive biases in the expertise of forensic analysts, and an attempt to systematise the cases described in the latest research works using the pyramid structure of bias sources. As regards the practical aspect of the discussed subject, in some cases solutions were also proposed that could improve the work of experts and contribute to its greater integrity.

A Model Proposal for Local Governments to Increase Citizen Involvement in the Age of Information Society and E-Government

2021 ◽  
pp. 172-190
Author(s):  
Ceray Aldemir ◽  
Eyüp Şen
Keyword(s):  
Decision Making ◽  
Local Government ◽  
Citizen Participation ◽  
Local Governments ◽  
The Internet ◽  
Citizen Involvement ◽  
Decision Making Process ◽  
The Third ◽  
Innovative Solutions ◽  
The World

Crowdsourcing is a form of citizen participation in which an institution has a question submits to citizens via the internet in order to get citizens to think about innovative solutions to the problem. Several municipalities around the world have already used this means, but it has not yet been clear exactly how they can use it and which preconditions play a role in this. Thus, this chapter argued the concept of citizen involvement in the age of ICT by emphasizing the two related terms e-government and e-local government, then secondly the chapter underlined the importance of the necessity of citizen participation in the policymaking process. In the third section of this chapter, it has been argued the crowdsourcing concept as a tool of participation in the age of ICT. Then finally the paper outlined a model for local governments that may use the crowdsourcing approach in the decision-making process.

Mediators in Arbitration

2020 ◽  
pp. 282-303
Author(s):  
Jacqueline Nolan-Haley
Keyword(s):  
Decision Making ◽  
User Satisfaction ◽  
Empirical Studies ◽  
Third Parties ◽  
International Arbitration ◽  
Critical Difference ◽  
High Compliance ◽  
The World ◽  
Satisfaction Rates

This chapter studies the role of mediation in international arbitration. Mediation is often promoted as being less costly and time-consuming than arbitration. Compared to litigation, mediation can reduce the economic and emotional costs of resolving disputes, and empirical studies show high compliance and user satisfaction rates with mediation. Indeed, mediation’s benefits flow from the culture of mediation, which changes the paradigm in dispute resolution from adversarial, positional bargaining to a more problem-solving approach focused on underlying needs and interests. Moreover, mediators as neutral third parties can add value to the parties’ negotiations. Thinking about mediators in the world of international arbitration calls for an appreciation of the fundamental differences between the roles of arbitrators and mediators. The critical difference between the two roles lies in the nature of decision-making. Arbitrators decide the outcome of parties’ disputes. Mediators help the parties to decide the outcome themselves.

Medical Diagnosis from a Clinician’s Point of View

1978 ◽  
Vol 17 (01) ◽  
pp. 28-35
Author(s):  
F. T. De Dombal
Keyword(s):  
Decision Making ◽  
Data Analysis ◽  
Computer Science ◽  
Medical Diagnosis ◽  
Information Science ◽  
Point Of View ◽  
Joint Research ◽  
The World

This paper discusses medical diagnosis from the clinicians point of view. The aim of the paper is to identify areas where computer science and information science may be of help to the practising clinician. Collection of data, analysis, and decision-making are discussed in turn. Finally, some specific recommendations are made for further joint research on the basis of experience around the world to date.

Confirmation bias in decision making for fingerprints, DNA and eyewitness evidence cannot be explained by cognitive style or thinking dispositions.

2019 ◽  
Author(s):  
Daniel Edgcumbe
Keyword(s):  
Decision Making ◽  
Cognitive Style ◽  
Cognitive Biases ◽  
Confirmation Bias ◽  
Criminal Case ◽  
Court Cases ◽  
Legal Proceedings ◽  
Thinking Dispositions ◽  
Evaluation Of Evidence ◽  
Facial Composite

Pre-existing beliefs about the background or guilt of a suspect can bias the subsequent evaluation of evidence for forensic examiners and lay people alike. This biasing effect, called the confirmation bias, has influenced legal proceedings in prominent court cases such as that of Brandon Mayfield. Today many forensic providers attempt to train their examiners against these cognitive biases. Nine hundred and forty-two participants read a fictional criminal case and received either neutral, incriminating or exonerating evidence (fingerprint, eyewitness, or DNA) before providing an initial rating of guilt. Participants then viewed ambiguous evidence (alibi, facial composite, handwriting sample or informant statement) before providing a final rating of guilt. Final guilt ratings were higher for all evidence conditions (neutral, incriminating or exonerating) following exposure to the ambiguous evidence. This provides evidence that the confirmation bias influences the evaluation of evidence.

Is International Law International?

2017 ◽  
Author(s):  
Anthea Roberts ◽  
Martti Koskenniemi
Keyword(s):  
South China Sea ◽  
International Law ◽  
Case Studies ◽  
South China ◽  
Visual Representations ◽  
International Lawyer ◽  
Spheres Of Influence ◽  
Diverse Backgrounds ◽  
The World ◽  
Anglo American

Is International Law International? takes the reader on a sweeping tour of the international legal academy to reveal some of the patterns of difference, dominance, and disruption that belie international law’s claim to universality. Both revealing and challenging, confronting and engaging, this book is a must-read for any international lawyer, particularly in a world of shifting geopolitical power. Pulling back the curtain on the “divisible college of international lawyers,” the author shows how international lawyers in different states, regions, and geopolitical groupings are often subject to differences in their incoming influences and outgoing spheres of influence in ways that affect how they understand and approach international law, including with respect to contemporary controversies like Crimea and the South China Sea. Using case studies and visual representations, the author demonstrates how actors and materials from some states and groups have come to dominate certain transnational flows and forums in ways that make them disproportionately influential in constructing the “international”—a point which holds true for Western actors, materials, and approaches in general, and Anglo-American ones in particular. But these patterns are set for disruption. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives of those coming from diverse backgrounds. By taking readers on a comparative tour of different international law academies and textbooks, the author encourages international lawyers to see the world through others’ eyes—an approach that is pressing in a world of rising nationalism.

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