As lawyers, we ordinarily see the visible side of arbitration:

The submissions.
The evidence.
The hearings.
The arguments.
And eventually, the award.

What we rarely see are the discussions between arbitrators, the different interpretations competing around the table, the influence of the tribunal chair, and the deliberations through which three independent minds must ultimately produce one decision.

That hidden process deserves serious attention—particularly in international trade and maritime arbitration.

- A Tribunal Is Not a Single Mind

A three-member tribunal is composed of individuals who may come from different legal traditions, industries and commercial environments.

One arbitrator may approach the dispute through strict contractual interpretation. Another may focus on established trade usage and commercial practice. A third may be more persuaded by fairness, proportionality or the practical realities surrounding performance.

These differences are not necessarily weaknesses. Properly managed, they can improve the quality of the final award by testing every assumption and exposing weaknesses in the reasoning.

But they also raise important questions.

How much influence does the chairperson exercise? Are all members genuinely heard? How are disagreements resolved? When does compromise strengthen an award—and when does it dilute the clearest legal conclusion?

- Why This Matters in Maritime and Trade Disputes

Maritime and international trade disputes rarely exist in a purely legal vacuum.

A charterparty dispute may require an understanding of port congestion, laytime calculations, cargo handling and operational communications.

A commodity dispute may involve inspection certificates, documentary compliance, fluctuating markets, sanctions, customs procedures and trade practices operating across several jurisdictions.

A dispute arising from an African port or supply chain may also involve regulatory and commercial realities unfamiliar to arbitrators whose professional experience has developed elsewhere.

The tribunal must therefore do more than read the contract. It must understand the commercial world in which that contract was performed.

This is why tribunal composition matters enormously.

Selecting an arbitrator is not simply choosing a respected legal name. It is choosing someone capable of understanding the language, industry, geography and commercial context of the dispute—while remaining independent and impartial.

- Diversity Must Go Beyond Appearance

International arbitration continues to discuss diversity, but meaningful diversity is not achieved merely by assembling arbitrators of different nationalities.

It should include diversity of legal traditions, professional experience, regional knowledge and commercial perspective.

For African parties, this is particularly important. Their transactions may be governed by international contracts, but their performance frequently occurs within local regulatory systems, ports, financial structures and operational conditions.

If those realities are not properly understood within the tribunal, a party may be heard procedurally without being fully understood substantively.

Representation within tribunals is therefore not merely about inclusion. It can affect the tribunal’s ability to appreciate the complete commercial picture.

- The Legitimacy of Arbitration Begins Inside the Tribunal

Parties accept the confidentiality of arbitral deliberations for good reason. Arbitrators must be able to exchange views freely and test each other’s reasoning without external pressure.

However, confidentiality should not prevent the arbitration community from examining the principles that should govern tribunal dynamics.

A credible tribunal should demonstrate:

* Genuine participation by every arbitrator;
* Respectful engagement with differing perspectives;
* Independence from the expectations of the appointing party;
* Proper understanding of the relevant industry and commercial context; and
* A reasoned award that reflects careful deliberation rather than convenient compromise.

The legitimacy of arbitration does not begin when the award is published. It begins in the unseen quality of the deliberative process.

- The Question I Would Take Behind the Curtain

If given the opportunity to address an experienced panel of arbitrators, I would ask:

"When members of an international tribunal bring different legal, cultural and commercial perspectives to a dispute, how should the chair preserve those differences as a source of better reasoning without allowing them to undermine consistency, efficiency and confidence in the final award?"

For practitioners in international trade and maritime law, this is not an abstract question.

The award may be the final document we receive—but its authority is shaped by conversations we never hear, disagreements we never witness and decisions made behind the curtain.

Perhaps understanding arbitration more deeply requires us to look beyond what happens before the tribunal—and begin examining what happens within it.

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