[The Peace Negotiations by Robert Lansing]@TWC D-Link book
The Peace Negotiations

CHAPTER XI
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However well prepared from experience on the bench to render strict justice, the litigants' arbitrators act in fact as advocates.

As a consequence the neutral arbitrators are decidedly hampered in giving full and free expression to their views, and there is not that frank exchange of opinion which should characterize the conference of judges.

It has generally resulted in a compromise, in which the nation in the wrong gains a measure of benefit and the nation in the right is deprived of a part of the remedy to which it is entitled.

In fact an arbitration award is more of a political and diplomatic arrangement than it is a judicial determination.

I believe that this undesirable result can be in large measure avoided by eliminating arbitrators of the litigant nations.
It is only in the case of monetary claims that these observations do not apply.
"Another difficulty has been the method of procedure before international tribunals.


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