The Shadow Arbitrator: Mere Luxury or Real Need?

How is a submission or pleading truly perceived by an arbitral tribunal? A difficult question, from a counsel's perspective! But the answer is of utmost importance for winning a case. Is the argument understandable and presented in a memorable manner? What will be the crucial issues in the deliberation of the arbitral tribunal? A shadow arbitrator helps to answer these queries. His or her job is to read the submissions, to step into the shoes of the actual arbitrators and then to provide unbiased feedback. This feedback is crucial for improving submissions and pleadings. To this end, a shadow arbitrator focuses less on content and more on psychological aspects. The article reviews the role of a shadow arbitrator, the various tasks he can fulfill, and the interfaces between his work and that of the arbitration team. What, if any, is the added value for the proceeding? And is the involvement of a shadow arbitrator ethically justifiable? These are some of the questions examined by Jörg RISSE in the present contribution. [ABSTRACT FROM AUTHOR]