Emotions and Arbitration

Unidroit was happy to host the “Emotions and Arbitration” Conference on 23 May 2023, part of a series of conferences with the Institute’s partners from the Department of Law of the University of Roma Tre and the Chamber of Arbitration of Milan (CAM), also in collaboration with the Italian Arbitration Association (AIA) and the Faculty of Law of the University of Bologna.

This series of conferences aims to offer fresh insights into the analysis of arbitration, following interdisciplinary paths and delving into the dynamics that lead to the formation of a final decision.

In this instalment, the discussion began with an illustration of the results of research undertaken by an international team of sociologists and jurists on the processes of production of rulings by the Italian judiciary, by Prof.

Stina Bergman Blix and Dr Alessandra Minissale, introduced by Prof. Andrea Zoppini, on the common thread of the interaction between “rationality” and “emotion”, as complementary elements (not necessarily in opposition).

A parallel detailed comparison followed for all phases of arbitration, from the negotiating choice of an arbitration clause between the parties and the reasons for such choice, all the way to the adoption of the award. The independence and autonomy of arbitrators were addressed from the point of view of the relationships between the various stakeholders and the ways in which they influence each other. Prof. Stefano Azzali participated in this debate, inspired and coordinated by Maria Beatrice Deli.

This interesting and original event will certainly not be the last of its kind – indeed, the series will continue with another conference on 4 July at the CAM for the second instalment of Italian Arbitration Day (IAD) on the theme of “Fairness in International Arbitration”, which Unidroit is enthusiastically sponsoring.

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