INTERNATIONAL ARBITRATION: THE CASE FOR DIVERSITY
An increasingly broad spectrum of disputes – in terms of sector, value and geography – are now referred to international arbitration for resolution around the world. Naturally, as the type of disputes referred to in international arbitration become more diverse, so too do its users. Yet the international arbitration community lacks diversity.
Recent efforts have improved the situation to a degree, but the range of arbitrators still falls a long way short of the available pool, and of reflecting the diversity of users of international arbitration. But what are the potential benefits of diversity in international arbitration? Why does international arbitration lag behind some other sectors in terms of diversity? What can be done to improve the situation?
The case in favour: why should the international arbitration community seek to foster greater diversity and inclusion?
It is morally right to strive to include historically marginalised groups in all professional spheres – arguably, diversity for the sake of diversity is reason enough. However, increased diversity in arbitration could also hold significant benefits for arbitration users.
Why? Anyone who has ever been involved in discussions about diversity in recruitment will have heard someone comment “we should just pick the best person for the job”. But “best” can be difficult to define. On a swimming relay team, “best” is straightforward to define: the “best” swimmers are the fastest swimmers. It does not matter if they are the same colour, sex gender or social class – in fact, sports teams typically are comprised of people of the same sex, for such reasons.
Jan-Mar 2022 issue
McGuireWoods