Dispute resolution, whatever the tribunal, is always a perilous undertaking. This may explain why a wise senior partner in the firm where I practised would tell clients considering litigation that no matter how strong they thought their case was they could be certain of winning it no more than 75% of the time.
The process by which a trial or arbitration is conducted can have a powerful effect on the psychology and reactions of the prevailing party. Perhaps more importantly, it will also affect the reactions of the losing party and the willingness of that party to accept the decision of the tribunal without requiring further enforcement efforts.
