Maslow’s Hammer: An Over-Reliance on Familiar Tools

During a keynote speech at Tel Aviv Arbitration Week, ICC International Court of Arbitration President Claudia Salomon has warned that the “magnetic pull” of international arbitration may mean that other dispute resolution tools are not being sufficiently considered.

Addressing a unique gathering of international and Israeli professionals leading the international arbitration field, Ms Salomon drew attention to biases the community tends to fall into. “When we open our toolbox, we have one key tool to resolve cross-border disputes: international arbitration,” she stated.

Drawing parallels with Maslow’s Hammer, namely the cognitive bias that involves an over-reliance on a familiar tool, Ms Salomon said: “International arbitration may be the best tool for the job, but if we stay conscious of our tool bias, we must dig deep in our toolbox, and consider what other tools may be required.”