DIVERSITY AND INTERNATIONAL ARBITRATION
Of diversity, cultural historian Thomas Berry said: “Diversity is the magic. It is the first manifestation, the first beginning of the differentiation of a thing and of simple identity. The greater the diversity, the greater the perfection.” Though he was not referring to international arbitration specifically, as the process has become an increasingly popular means of resolving commercial disputes around the world, diversity – be it gender, age, geography, culture, ethnicity or otherwise – certainly has a key role to play in its continued improvement.
The case for greater diversity in international arbitration is driven in part by the broadening scope of disputes referred to arbitration, and the increasing nationalities and sectors of the parties involved. Although steps forward have been taken, there is still a long way to go, however.
“The current state of diversity within international arbitration is best described as ‘a work in progress’,” says Jocelyn Turnbull Wallace, an associate at McCarthy Tétrault LLP. “Historically, diversity was missing from the arbitration discussion entirely. Now that the arbitration community has acknowledged the need for diversity in order to promote successful and meaningful arbitration decisions, headway is being made.”
In terms of gender diversity, the proportion of women appointed as arbitrators has nearly doubled in the past four years, according to the ‘Report of the Cross-Institutional Task Force on Gender Diversity in Arbitral Appointments and Proceedings’, from the International Council for Commercial Arbitration (ICCA).
Jan-Mar 2021 issue
Richard Summerfield