- In disputes involving multiple parties of different nationalities, cultural and psychological differences can play a major part in misunderstandings both between parties and the court, and the parties themselves.
International dispute resolution is complex and involves balancing a host of differences between parties, their legal advisers, the court or tribunal, and the arbitral institutions themselves. Cultural differences can play a major part in misunderstandings between parties. Different expectations of the range of possible outcomes and tactics can create friction between a party and its legal advisers. Moreover, the consequences of a party’s actions in terms of how they present to the tribunal can be significant—in some cases, even proving fatal to their case.
This article will examine how psychological factors can impact significantly on the resolution of international disputes. Psychological tools provide valuable insights into how parties, their lawyers and the tribunal think and behave and what motivates them. This can help participants
