Edward B. Shils Lecture in Alternative Dispute Resolution
No matter the approach, unanimity rules the day. Gorman marveled at how the World Bank’s Law Tribunal, whose members span the globe, consistently manages to overcome cultural and legal differences to reach unanimous decisions. Miraculously, every one of its 290 decisions in the last 22 years were unanimous, he said. “All of us have given great weight to the belief that our judgments have greater force
“All of us have given great weight to the belief that our judgments have greater force and clarity, and that the tribunal will have greater credibility, if we speak with one voice.”and clarity, and that the tribunal will have greater credibility, if we speak with one voice,” Gorman said. Tracing the tribunal’s evolution, Gorman joked about the days when its seven judges sat impassive, like members of the International Court of Justice, uttering not a word to counsel. To elicit information, members passed questions to the Tribunal president, who read them aloud. They literally spoke with one voice. Today, Tribunal judges emulate the U.S. Supreme Court. They participate and probe counsel’s arguments, he said. |
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