In this article, the author comments on Professor Diamond’s paper (at pp 197-204 above) and discusses the nature of arbitral tribunal deliberations (good and bad), drawing attention to hitherto accepted practices of arbitration counsel that can actually provoke cognitive ‘blinders’ in tribunal members, and so be inimical to ‘good’ deliberations. It is an edited version of the author’s comments made at the Chartered Institute of Arbitrators’ Centenary Conference in Hong Kong on 20 March 2015.
Asian Dispute Review