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Philosophy Can Help Tribunals Draft Awards that Parties Will Accept as Legitimate - Dispute Resolution Journal - Vol. 66, No. 2

Author(s): 
Teresa M. Giovannini
Page Count: 
3 pages
Published: 
May, 2011
Practice Areas: 
Arbitral Awards,
Reasons
Author Detail: 

Teresa Giovaninni, a founding partner of Lalive, specializes in international arbitration and litigation. A new member of the AAA Board of Directors, she has arbitrated both ad hoc and administered international arbitrations. She serves on the panels of the International Centre for Dispute Resolution, the International Chamber of Commerce, the London Court of International Arbitration, among others.

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Description: 

Originally from Dispute Resolution Journal

At the Annual Meeting of the American Arbitration Association’s Board of Directors on May 5, 2011, new board member Teresa Giovaninni injected ideas from philosophy and psychology into a thoughtful speech about how arbitrators can make their awards more acceptable to parties.

Immanuel Kant (Germany, 1724-1804), one of the greatest philosophers of all time, was the first to apply to philosophy the idea of astronomer Nicolas Copernic (also known as Copernicus) that the earth is not the center of the Uni verse (as believed in those times), but rather that the center is the sun and the earth moves around it. This concept entirely changed the vision of thinking1: The center of the human world was no longer the egocentric “I” or “Me” but rather my relation to “You.”