Established in 2019 and dedicated to publishing occasional collections of articles on different topics.
Vilniaus universiteto leidykla / Vilnius University Press
Liability of Member States for Violations of European Union Law in the Field of Legislation: Jurisprudence of the Supreme Courts of Lithuania
The article analyzes and evaluates the jurisprudence of the Court of Justice of the European Union (hereinafter – European Court of Justice, CJEU), which establishes the basis, criteria and conditions of the liability of Member States’ for violations of European Union law. The article further analyses the jurisprudence of the Supreme Administrative Court of Lithuania and the Supreme Court of Lithuania in cases adjudicated on the violation of European Union (hereinafter – also the EU) law, caused by the actions (inaction) of an entity entitled to adopt normative legal acts, and the compensation of the injured persons. Document analysis and comparative methods are used. The article leads to a conclusion that in deciding on violations of EU law committed by the actions (inaction) of an entity entitled to adopt normative legal acts, case-law of the highest tier courts of Lithuania adheres to the jurisprudence of the CJEU. However, the methods of resolving the aforementioned disputes differ in the practice of the Supreme Administrative Court of Lithuania and the Supreme Court of Lithuania. The Supreme Administrative Court of Lithuania directly follows and evaluates the criteria of Member States’ responsibility established and developed in the jurisprudence of the Court of Justice. Meanwhile, the Supreme Court of Lithuania often uses another path: the court recognizes the inconsistency of national provisions with the EU law, assesses whether individuals are granted rights by the EU law provisions, refuses to apply provisions of national law that are in conflict with the EU regulation and seeks to interpret national legal provisions in a manner that they were in line with the goals pursued by the provisions of EU law.
practice of the highest courts of Lithuania
Copyright (c) 2023 Authors https://creativecommons.org/licenses/by/4.0
The Problem of Regulating Legal Residence Requirements Governing Long-Term Resident Status in National Law
Article 4(1) of Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents places an obligation on the Member States to grant long-term resident status to third-country nationals who have resided legally and continuously within its territory for five years immediately prior to the submission of the relevant application. This article analyses the main aspects of this legal provision and related relevant case-law of the Court of Justice of the European Union, and aims to identify the criteria that are important for evaluating national legislation on granting long-term resident status, and, accordingly, to provide an assessment of compliance of national legislation, which has been in force for almost twenty years, with the provisions of the aforementioned directive. The article reviews an initiative of improving national legislation which ensued from an infringement procedure that has been launched against Lithuania due to incorrect transposition of Council Directive 2003/109/EC concerning the status of third-country nationals who are long-term residents. The article is concluded by highlighting the very important task which, in anticipation of solutions by the legislator, falls upon administrative courts in the context of ensuring effectiveness of the Union law, the conclusions of the article also note the need to develop the case-law, interpreting national legislation in accordance with the provisions of this directive, which has been emerging in the jurisprudence of the Supreme Administrative Court of Lithuania.
Civil Servants’ Right to Information and Consultation
The article aims to analyze the status and applicability of a new generation rights – right to consultation and right to consultation – for civil servants. The author refers to a right of consultation of employees and assesses, whether such a right is extended to civil servants in the same or similar manner under the current legal framework in Lithuania. The research is carried out form a national, EU and international perspectives, where the international and EU documents serve as the basis and national practices of other jurisdictions serve as examples. Historical, teleological, systematic analysis and comparative methods are used to examine the scope of the right to information and consultation, the grounds for the (non-)application of these rights in the civil service in Lithuania as well as the prospects for the consolidation of these rights. The relevance of the research is linked to the national debates on the mandatory nature of labor councils in the civil service and relevant caselaw of the European Court of Justice. The author comes to a conclusion that the right to information currently is not guaranteed under the Lithuanian law but argues that the similarity of individual and collective situation of civil servants and employees makes a strong argument that it would be appropriate to develop a softer version of the information and consultation mechanism for civil servants.
Key Trends in the Case Law of the Supreme Administrative Court of Lithuania in Application of European Union Law in Tax Disputes
The article analyses cases of the Supreme Administrative Court of Lithuania and the impact the case-law of the European Court of Justice has made in this area of administrative legal relations. The dual nature of regulation in the tax sphere, where certain taxes and customs are directly regulated by EU law, while other taxes are left for the competence of the Member States, makes it an area of legal relations particularly perceptive to jurisprudence of the European Court of Justice. The analysis is focused on two types of cases – cases concerning value added tax and the right of a taxable person to deduct it, where the directive of the European Union is applicable; and cases concerning external trade of the EU, where the European Union Customs Code applies. As far as the application of the European Union Customs Code is concerned, the article limits itself to cases related to unlawfully imported goods into the customs territory of the European Union goods, which are subject to excise duty. The author of the article comes to a conclusion that from a twenty-year perspective of EU law application in the case-law of the Supreme Administrative Court of Lithuania, a clear trend towards consistency with the jurisprudence of the European Court of Justice and a tendency to refer to the European Court of Justice for a preliminary ruling is observed.
excise duty on goods unlawfully imported to the EU
case-law of the Supreme Administrative Court
jurisprudence of the European Court of Justice
Res Judicata Principle in the Case Law of International and Lithuanian Courts
Res judicata is a general principle of law recognized in all legal systems and based on legal certainty. However, recognition of universal character of this legal principle does not resolve the problem of finality of a judgment rendered on national level when this judgment contradicts the European Convention on Human Rights (ECHR) or EU law. A similar problem arises in situations where final national judicial decisions contradict posterior judgments of the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU). In public international law, the authority of res judicata of a judgment of national court does not prevent international courts from holding that this judgment contradicts international obligations of a State and thus entails international liability. The case law of the ECtHR and the CJEU shows that grounds for reopening of national proceedings is a matter of domestic law. There is also no general rule which would require reopening of national proceedings in order to put judicial decisions in line with the judgments of the ECtHR and the CJEU. Nevertheless, the res judicata principle is not absolute and cannot serve as an excuse for non-respect of human rights. Higher courts’ powers to quash or alter binding and enforceable judicial decisions should be exercised for the purpose of correcting violation of human rights. In EU law, the principles of sincere cooperation, equivalence and effectiveness may require to review a final decision of national court incompatible with the Charter of Fundamental Rights or, in general, with the directly applicable EU rules. In conformity with supremacy of EU law, the authority of res judicata of national judicial decisions must be reviewed on the basis of principle of legality and rule of law. This should prevail over traditional recourse to legal certainty of a final judgment.
Strengthening Respect for Human Rights and Fundamental Freedoms Under the Doctrine of the Protection of Legitimate Expectations
This article reveals the path of consolidating the doctrine of the protection of legitimate expectations in the Lithuanian legal system and summarizes the latest trends of national case law in connection with the protection of legitimate expectations, including in the context of trends in European law. The subject of the article, which consists of the analysis of case law in the fields of protection of the right to property and the implementation of freedom of economic activity, contributes to a wider discussion about the processes of Europeanisation of administrative law. After analysing the development cycles of the doctrine of the protection of legitimate expectations, it is concluded that the doctrine of the protection of legitimate expectations reliably contributes to the development of modern administrative law in Lithuania and is one of its most important pillars aimed at consolidating the protection of subjective rights. As evident from the jurisprudence of the Supreme Administrative Court of Lithuania, which forms administrative case law, the application of the doctrine in question essentially notifies of the transition from traditional forms of review of public administration actions, such as compliance with procedural requirements, to the obligation, deriving from the principle of good governance, to take administrative decisions that would not be fundamentally unfair.
principle of the protection of legitimate expectations
rectification of an administrative error
Fundamental Rights of the European Union: The Jurisprudence of the Supreme Administrative Court of Lithuania
The article analyses different levels of fundamental human rights protection, which national courts face when adjudicating cases: a standard enshrined in national constitutions, a European Union standard stemming from the Charter of Fundamental Rights of the European Union and an international standard embedded in the fundamental international documents – the European Convention for the Protection of Human Rights and Fundamental Freedoms, in particular. The article reviews relations between different fundamental rights protection standards through an analysis of the jurisprudence of the European Court of Justice and the European Court of Human Rights and puts emphasis on the decisions, which provide guidance for national courts when dealing with conflicting standards. Furthermore, the article entails a comprehensive overview of the case-law of the Supreme Administrative Court of Lithuania, where the court dealt with the issue of the collision of different human rights protection standards.
Charter of Fundamental Rights of the European Union
European Convention for the Protection of Human Rights and Fundamental Freedoms
interplay of different standards of human rights protection
Cases Against Lithuania in the European Court of Human Rights (2019–2021): In Search of Landmark Judgments
The article deals with the 2019–2021 case-law of the European Court of Human Rights in cases against Lithuania, trying to identify landmark judgments, i.e., such judgments that may have a lasting effect on the Court’s future case-law. Virtually all ECtHR Chamber judgments adopted in the said period, by which cases were decided on the merits, as well as inadmissibility decisions are discussed. Their significance not only for the Strasbourg Court’s case-law but also for Lithuanian law (including courts’ case-law) is demonstrated, some pertinent problems of Lithuanian law are identified, which are particularly highlighted by the Strasbourg Court’s judgments in “Lithuanian” cases. Using the method of exclusion, three judgments of the said period are selected, which could be treated (in advance and subject to reservations) as landmark ones: Drėlingas v. Lithuania (2019), Rinau v. Lithuania (2020) and – as the “most suitable” candidate for the status of a landmark judgment – Beizaras and Levickas v. Lithuania (2020). The article provides an explanation, nowhere laid out so far, what factors may have led to that that the Drėlingas judgment, as it is, has at all become possible, which, although being a Chamber judgment, clearly dissonates with the Grand Chamber judgment in Vasiliauskas v. Lithuania (2015).
Cooperation Between Lithuanian Administrative Courts and the Court of Justice of the European Union in the Development of European Union Law: Constructive Dialogue
This article aims to assess the trends of cooperation between the administrative courts of Lithuania and the Court of Justice of the European Union (CJEU) based on the preliminary ruling procedure. The article consists of two parts. First, the nature and importance of the preliminary ruling procedure itself are briefly discussed. The transformations of the system of national courts have recently started in several EU Member States and the CJEU case law, developing the principle of independence of the judiciary, triggered by these transformations, calls for reassessment of the importance of the preliminary ruling procedure. The second part of this article evaluates the tendencies and the practices of the Lithuanian administrative courts in referring questions to the CJEU for a preliminary ruling. The above-mentioned analysis leads to several conclusions. First, the fundamental role of the preliminary ruling procedure in development of EU law and ensuring its effectiveness at national level are emphasized and the importance of cooperation with national courts is stressed. Second, analysis of the case law of Lithuanian administrative courts reveals that they recognize the specific nature and principles of EU law and consistently apply it in their judicial activities. So far, Lithuanian administrative courts and the CJEU are engaged in rather intensive dialogue thus contributing to a consistent development of EU law.
dialogue between the CJEU and national courts
principle of independence of the judiciary
Copyright (c) 2025 Authors https://creativecommons.org/licenses/by/4.0
Partnership of Court and Political Power, Aspects of the Application of EU Law
The article deals with the constitutional foundations of the cooperation between political power and court, the practical expression of the crossfunctional partnership from a legislative point of view. Rulings of the SACL, where the Constitution, the constitutional principles were directly applied and which were significant from a legislative point of view, are analysed, practical examples of problems in rulings of the Supreme Administrative Court of Lithuania, where it was bound by unclear provisions of rulings of the Constitutional Court, are revealed. The constitutional identity, the relationship of the European Union (hereinafter also referred to as the EU) and the Constitution of the Republic of Lithuania are analysed separately. The importance of cooperation between EU law and national legal systems is discussed.
cross-functional partnership of political power and court
interpretation of constitutional doctrine
interaction between EU law and national law
the Supreme Administrative Court of Lithuania
A real threat behind a fake voice: the challenge of protecting the right to one‘s voice in the 21st century
The paper provides an overview of the national regulation of the personal moral right to one‘s voice and compares the case of Lithuania with other countries. The aim was to analyse the methods of protection of personal non-pecuniary rights enshrined in both national and foreign law, providing an in-depth analysis of each method and the limits of its application. The paper identifies the fundamental shortcomings in the current regulation of this institute and presents possible options for amending the law to provide additional protection for persons whose personal moral right to one‘s voice has been infringed.
This article examines the concept of territorial jurisdiction in Lithuanian civil procedural law, its development, regulation in the Civil Procedure Code of the Republic of Lithuania, and practical application in modern world. The paper reveals that while the rules of territorial jurisdiction remain imperative, their application is becoming more flexible due to technological advancements, such as the digitalization of courts, and systemic reforms aimed at enhancing the efficiency of the justice system. The article explores key challenges related to this concept, including the need for judicial specialization and the relationship between territorial jurisdiction and digital technologies. A comparative analysis with Estonia‘s experience demonstrates that the principle of territorial jurisdiction remains relevant but requires adaptation to contemporary realities.
A forensic expert – more of a judge or a witness?
This paper examines whether a forensic expert is more of a judge or a witness in criminal and civil proceedings. It analyses criminal and civil cases and the data from the examination of judges in order to determine what impact the forensic expert’s conclusions have on the outcome of these cases.
Teisėjų sprendimų priėmimą lemiantys veiksniai: psichoemocinės sveikatos poveikis sprendimų priėmimo procesui
The aim of this article is to discuss and analyse the factors that influence the decision-making of judges in criminal cases. The subject of this paper is the emotional state of the judge, his/her thinking, professional experience, procedural deadlines in criminal proceedings. The research shows that the laws of the Republic of Lithuania do not cover all the factors that can and do influence judges in the process of decision-making in criminal cases. Accordingly, such factors relate to the workload of judges, the judge‘s psychological state, professional experience. The paper concludes that, despite the high ethical standards applied to judges, their objectivity is influenced by their professional experience, workload and stress, which requires additional attention to their psycho-emotional health and working conditions.
The right to compensation and commercial activities: is a balance possible in the development of artificial intelligence?
With the rapid development of artificial intelligence technologies, the question of the legality of using authors’ works in the process of creating artificial intelligence is increasingly being raised. In this article, the authors seek to strike a balance between the interests of commercial artificial intelligence developers and the right of authors to fair remuneration. The study assessed the legality of the artificial intelligence training process, taking into account the legal norms and court practices of various jurisdictions. It has been established that in most countries, training artificial intelligence using copyrighted works is a legitimate practice. Different countries apply different regulatory models – some provide broader opportunities, while others impose stricter restrictions. However, there is a clear imbalance between the desire of artificial intelligence developers to freely use works and the right of authors to fair remuneration. This article seeks to find a way to reconcile these opposing positions. Based on the concept of “what is worth copying is prima facie worth protecting”, the authors propose an alternative interpretation – “what is worth copying is prima facie worth remunerating” – and emphasise the need for a compensation mechanism. Existing and theoretical compensation models proposed by scientists that could be applied in the future are also analysed. After evaluating each of them, it was determined that a mechanism that is administratively effective and financially sustainable should be adopted. The authors present what they consider to be the most effective model, based on several analysed and discussed models. However, the conclusion is that the most likely model to prevail is the one based on a one-off compensation license. This is determined by the opt-out option for text and data mining established in the European Union and the so-called Brussels effect, which influences the direction of artificial intelligence regulation on a global scale.
intersection of artificial intelligence and copyright
Copyright (c) 2025 Justyn Kicel | Jokūbas Jurkevičius https://creativecommons.org/licenses/by/4.0
Tarptautinės (humanitarinės) teisės taikymas autonominėms ginklų sistemoms: Rusijos agresijos Ukrainoje atvejo analizė
This article analyses whether autonomous weapons systems comply with international humanitarian law, particularly in the context of Russia‘s aggression against Ukraine. It discusses the challenges of applying jus in bello principles, technological reliability limitations, and attribution of responsibility for damage caused. Since AI solution models cannot provide the same situational awareness as human judgement, the article proposes establishing strict technological performance criteria and clear liability mechanisms for the use of such systems.
Sanctions Without Weight: How Sanctions Affect Russia’s Power in Space?
This article examines the impact that sanctions have on Russia’s actions in space. This work aims to consider the space cooperation between the United States of America, the European Union and Russia, outline the scope and types of imposed sanctions following the war in Ukraine and their (in)direct impact on Russia’s space sector. As the West imposed sanctions on various goods necessary for development of the space industry and aims to break off partnership with Russia in the space industry, a shift in intergovernmental space relations is observed. Hence, Russia is forced to look for new ways to maintain its power.
Copyright (c) 2025 Liepa Žukauskaitė | Kristina Valkiūnaitė https://creativecommons.org/licenses/by/4.0
The failure of startups and legal regulation
This article examines the impact of legislative regulation on startup activities and itsinfluence on their viability. The aim of the study is to identify the main legal regulatory obstacles and provide recommendations on how to mitigate them. The analysis covers four key sectors: FinTech, IT and artificial intelligence, e-commerce, and biotechnology and pharmaceuticals, which most often face complex licensing procedures, strict compliance requirements, and an unclear regulatory environment. The study results reveal that excessive regulation can hinder innovation and reduce startups’ chances of survival. To create more favorable business conditions, it is essential to simplify licensing processes, ensure clearer legal regulations, and reduce administrative burdens.
Pasaulinės dirbtinio intelekto valdysenos perspektyvos: nacionalinių dirbtinio intelekto strategijų palyginimas inovacijų amžiuje.
The development of artificial intelligence technologies raises important regulatory questions, as countries have different approaches to AI governance. The article discusses the diverse strategic directions that countries take in AI management. This study aims to analyze the AI governance systems of specific countries, examine the differences between these systems, and assess their impact on innovation development. The research findings reveal how regulatory differences between countries can shape the future directions and challenges of AI development.
Artificial intelligence and the determination of proof in civil proceedings of the Republic of Lithuania
This article examines the relationship between philosophical and legal concepts of truth, reviews the development of the concept of truth as applied in the case law of the Republic of Lithuania and investigates the possible influence of artificial intelligence on the further development of the concept of truth in the civil procedure of the Republic of Lithuania.
Presumed and informed consent in organ donation: could Lithuania follow the spanish example?
This article discusses the concepts of implied and informed consent in organ donation, analyzing the advantages and disadvantages. It discusses how Lithuania could implement the most effective model of organ donation, analyzes legal and ethical aspects, as well as possible challenges related to the formation of public opinion and changes in legislation. The aim of the scientific article is to determine whether the introduction of implied consent in Lithuania could increase the level of organ donation and whether it would correspond to the country’s legal and cultural context.
The article analyses the definition of femicide, different types of it, causality and legal norms establishing criminal liability for the murder of a woman in Lithuania. Furthermore, the article presents the analysis of official statistical data showing the frequency of femicide in Lithuania. As a result, it was concluded that an essencial aspect of femicide is the gender-based killing of a woman. In addition, the Criminal Code of the Republic of Lithuania does not contain a special legal norm providing for criminal liability for femicide. The analysis of official statistical data revealed that femicide is evident in respect of women killed by domestic perpetrators. Also, the research indicated that domestic femicide is considered to be a consequence of domestic violence and correlates with gender stereotypes.
Towards a more humane criminal code – has Lithuanian criminal law managed to get rid of its repressiveness?
The article analyses issues related to the legal regulation established in the Criminal Code of the Republic of Lithuania that hinders the proper implementation of the Principles of Humanity and Justice. The aim of this article is to provide an analysis of the problematic aspects of criminal law provisions that restrict the possibilities of applying proportionate and humane criminal liability and to propose possible solutions. Accordingly, the subject of the paper covers the provisions and institutes of the Criminal Code, which cause the greatest challenges to achieve humane, just and proportionate criminal liability. The conducted analysis has demonstrated that the mitigation of penalties by courts under Article 54(3) of the Criminal Code is particularly frequent in certain categories of criminal cases, suggesting an excessive severity of the sanctions prescribed by the legislator in the Special Part of the Criminal Code for various criminal offenses, therefore, necessitating legislative review and mitigation. Another flawed and excessively repressive provision in the Criminal Code is the recidivist institute. Recognizing a person as a recidivist not only stigmatizes them but also raises serious concerns regarding its practical utility and potential contradiction with the non bis in idem principle. Finally, it is worth considering the possibility of introducing legal provisions allowing courts to impose several mutually compatible penal sanctions instead of a single penalty. Additionally, certain disputes arising from criminal offenses could be resolved through mediation procedures. Undoubtedly, these measures would contribute to the enhancement of an effective, humane, and just criminal justice system.
Human Rights and Supply Chain Responsibility in Corporate Climate Action: A Comparative Evaluation of International Frameworks
This research analyzes the intersectionality of corporate climate action and human rights, focusing on how business strategies to combat climate change may unintentionally harm vulnerable populations in the setting of global supply chains. It critically examines the largely unexplored human rights impacts of corporate climate strategies, which tend to focus on carbon reduction and environmental sustainability rather than social impacts. The juxtaposition of international and regional frameworks like the UNGPs, OECD Guidelines, and EU Due Diligence Directive in terms of their scope, customizability, and actual utility in addressing human rights risks tied to climate action is maintained. That is, the relevance of integrating human rights into corporate strategies on climate actions is highlighted, and actionable recommendations are made on how business enterprises can ensure that they do not undermine human rights while pursuing climate goals. By looking into compliance mechanisms, risk assessments, and holding businesses accountable for human rights abuses, the research intends to provide some answers as to whether the systems work or what needs to be improved to create a fairer set of corporate practices that places human rights at the forefront. Also analyzed are the roles of the government, NGOs, and communities in the reduction of supply chain risks and the accountability of the businesses for any human rights violations related to climate.
Gydytojo baudžiamoji atsakomybė: ultima ratio ar kasdienybė?
In this article, based on the criminal codes of the Republic of Lithuania and foreign countries, court practice, case law, including the case law of the European Court of Human Rights, and legal doctrine, the aim is to analyze the application of criminal liability as an extreme measure (ultima ratio) to a doctor. This goal is achieved by also revealing the concept of the doctor as a special subject of a criminal offense in the systems of continental and common law traditions. The article examines whether a doctor is held criminally liable in all cases when a patient dies or suffers health impairment. The analysis indicates that although doctors are considered special subjects of criminal offenses, they are subjected to criminal liability in the usual manner. Attention is also drawn to foreign countries where the legal regulation concerning doctors‘ criminal liability is quite similar to the legal framework in Lithuania and essentially aligns with judicial practice.
Forum shopping: an ingenious strategy or an abuse of your procedural rights?
This article analyses one of the most controversial phenomena – Forum Shopping, in which the parties to the proceedings strategically choose the most favorable jurisdiction or court in order to maximise their benefits. The aim of the study is to reveal the conditions, types, and evaluation of this phenomenon in EU and US contexts, and to analyse its positive and negative effects on the legal system. The article concludes that although Forum Shopping in certain cases may encourage the emergence of legal reforms and help ensure economic efficiency, it constitutes an abuse of procedural rights that violates the principles of legal certainty and consistency, contributes to the purposeful delay of proceedings, reinforces the inequality of the parties to the proceedings, and undermines the public’s trust in the legal system. The EU case law analysed in the article firmly limits the phenomenon of Forum Shopping, giving priority to the principles of legal certainty and predictability, while the US case law recognizes some legitimacy of the phenomenon, it has increasingly criticized it as a form of abuse of procedural rights.
Use of artificial intelligence in the judicial process
This research paper analyzes the regulation of artificial intelligence and its use in court proceedings based on legal guidelines from the European Union and the United States. It discusses the potential of artificial intelligence to increase the efficiency of legal processes, optimize case analysis, and ensure transparency of decisions. At the same time, the fundamental risks associated with the use of artificial intelligence are identified: bias, transparency, and the reliability of decisions, as well as who is responsible for errors made by artificial intelligence. The paper examines the challenges associated with the regulation of artificial intelligence and considers whether artificial intelligence should remain only an auxiliary tool or, considering legal and ethical limits, can become an independent entity capable of making decisions.
Cross-Border Litigation in Environmental and Human Rights Cases in the EU: Legal Strategies for Victims
This paper examines the legal barriers that impede individuals from pursuing environmental and human rights litigation in various European courts. The first section analyzes restrictions on access to justice, including systemic, legal, and political obstacles. Additionally, it explores challenges inherent to individual legal action, such as limited legal expertise and insufficient resources, and financial constraints. The second section examines the use of reprisal tactics by transnational corporations (TNCs) as a legal barrier to litigation. It highlights how reprisals can occur at various stages of the legal process, beginning with intimidation to discourage legal action and later manifesting in Strategic Lawsuits Against Public Participation (SLAPPs) or procedural delays designed to burden plaintiffs and compel them to withdraw their claims. The paper argues that significant deficiencies remain within the EU judicial system, which must be addressed to ensure access to justice and the protection of human rights for all citizens.
Strategic lawsuits against public participation (SLAPPs)
Cognitive Biases in Commercial Arbitration
This article analyses the impact of cognitive biases on arbitrators’ decisions in commercial arbitration proceedings. Strategies are outlined that can help to reduce the impact of cognitive biases, ensuring greater objectivity in arbitration.