Comments on: Legal Realism in International Arbitration http://kluwerarbitrationblog.com/blog/2009/02/20/legal-realism-in-international-arbitration/ An optional catch phrase or slogan goes here Thu, 29 Jul 2010 09:42:06 -0500 http://wordpress.org/?v=2.8.6 hourly 1 By: Sophie Nappert http://kluwerarbitrationblog.com/blog/2009/02/20/legal-realism-in-international-arbitration/comment-page-1/#comment-304 Sophie Nappert Wed, 25 Feb 2009 18:05:31 +0000 http://kluwerarbitrationblog.com/?p=335#comment-304 I find it an interesting irony that, whilst outrage is routinely being expressed at arbitrators wearing different (and admittedly sometimes incompatible) hats as counsel, and arbitrators holding different (and admittedly sometimes incompatible) views in different cases, parties repeatedly nominate and appoint these very arbitrators. There is little incentive for a change in their ways, do you not agree? I find it an interesting irony that, whilst outrage is routinely being expressed at arbitrators wearing different (and admittedly sometimes incompatible) hats as counsel, and arbitrators holding different (and admittedly sometimes incompatible) views in different cases, parties repeatedly nominate and appoint these very arbitrators. There is little incentive for a change in their ways, do you not agree?

]]> By: Maurice Mendelson QC http://kluwerarbitrationblog.com/blog/2009/02/20/legal-realism-in-international-arbitration/comment-page-1/#comment-133 Maurice Mendelson QC Sat, 21 Feb 2009 07:16:34 +0000 http://kluwerarbitrationblog.com/?p=335#comment-133 What kind of "realism" is it that can criticize a person for arguing something as counsel in a case, and then deciding the opposite as an arbitrator? Is it not generally recognized that counsel do not have to BELIEVE what they submit? Arbitrators, on the other hand, should believe what they hold. What kind of “realism” is it that can criticize a person for arguing something as counsel in a case, and then deciding the opposite as an arbitrator? Is it not generally recognized that counsel do not have to BELIEVE what they submit? Arbitrators, on the other hand, should believe what they hold.

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