Task Force Regulation

ICC Russia Task Force on Psychological Issues in International Arbitration

Regulation

 

1.     General.

1. 1. ICC Russia Task Force on Psychological Issues in International Arbitration (Task Force) is an inter-Commission task force working under the auspices of the Russian National Committee of the International Chamber of Commerce – World Business Organization (ICC Russia).

1.2. The Task Force launch was initiated by the ICC Russia Arbitration Commission.

1.3. The Task Force’s projects and activities are carried out in accordance with the ICC Constitution, ICC Russia statutes and recommendations released by ICC and ICC Russia.

2.     Objectives.

(i)                To define the impact of contemporary psychological research related to communication, persuasion, negotiatian etс on international arbitration including arbitration institutions’ rules, recommendations to arbitrators and parties’ representatives and different aspects of the arbitral process.

(ii)              To collect and record best practices, to identify unacceptable techniques of psychological pressure on participants in arbitration.

(iii)             To conduct research on arbitrators’ decision-making process, arbitrators’ and counsels’ bias, as well as on the presentation of fact witness evidence in international arbitration and other related issues.

(iv)             Based on the research, to provide recommendations on parties’ andarbitrators’ behavior during the proceedings.

(v)              To raise awareness of the Russian arbitration community by

a)       publishing research results, recommendations and articles on current psychological issues in international arbitration

b)      organizing conferences and round tables on current psychological issues in international arbitration

c)       providing training courses on current psychological issues in international arbitration

(vi)             To establish and maintain contacts and a regular dialogue with experts in cognitive psychology / behavioral economics / other relevant fields of science.

 

3.     Topics to be covered by the Task Force activities:

(i)                  Working with witnesses on the preparation of witness evidence, both written and oral.

(ii)                Cross-examination of experts and witnesses.

(iii)               Bias and other cognitive distortions (including unfair techniques of psychological pressure on arbitrators).

(iv)               Arbitrators’ behavioral patterns (active vs passive engagement etc).

(v)                Arbitrators’ decision-making process: general and particular characteristics, liaison between arbitrators.

 

4.     Governance & Membership

The Task Force is chaired by Natalia Gulyaeva, Managing Partner, Moscow Office, Hogan Lovells from June, 2021 to June, 2023, the term is renewable.

 

The following selection criteria will be applied to nominate members:

a) Strong expertise in the areas covered by the Task Force;

b) Availability to participate diligently in the activities of the Task Force

c) Institutional support granted to each candidate by his/her institution to participate in all Task Force activities (conference calls, meetings, etc.)