Is diversity in the choice of arbitrators and counsel (e.g. gender, age, origin) actively promoted? If so, how?
International Arbitration (2nd Edition)
Diversity in the choice of arbitrators has not been an issue in Malaysia. Owing to its cosmopolitan colonial heritage, the Malaysian legal community is ethnically and culturally diverse. There is also no entry bar to the Malaysian legal community which showcases equal gender participation. AIAC events and certification courses are well-attended by a healthy mix of participants of various backgrounds.
Diversity in the choice of arbitrators and counsel is not actively promoted in Chilean arbitration laws. Nevertheless, the International Commercial Arbitration Law No 19.971 establishes through different provision the autonomy of the parties to select arbitrators. For example, Article 10(1) states that parties can freely determine the number of arbitrators and Article 11(1) states as a general rule that the nationality of a person will not be an obstacle to his or her appointment as an arbitrator, unless otherwise agreed by the parties.
There is a general concern with diversity in choice of arbitrators but there are not any specific measures executed in order to promote it.
Diversity in the choice of arbitrators and counsel is not actively promoted in Luxembourg.
Gender- and other diversity in international arbitration is actively promoted by the Swiss Chambers' Arbitration Institution. In particular, gender diversity is a debated topic. According to the statistics for the year 2015 issued by the Swiss Chambers' Arbitration Institution, 47% of the arbitrators appointed by the court were women. However, the percentage of women appointed by the parties or the co-arbitrators amounted to only 5%.
In 2016 the Swiss Chambers' Arbitration Institution has signed the "Equal Representation in Arbitration Pledge" committed to improving the representation of women in arbitration.
Neither German arbitration law nor the still-current DIS Arbitration Rules contain any specific provisions with regard to the diversity in the choice of arbitrators and counsel. Aside from that, international initiatives (e.g., “The Pledge - Equal Representation in Arbitration”) are also getting support in Germany, leading to more diversity.
The ICAC has recently published statistics about women arbitrators involved in the consideration of the cases in 2016. The parties appointed women-arbitrators in slightly more than 50% of all cases, while the UCC's President did so in 40 per cent of the cases. Arbitrators appointed a woman as the third presiding arbitrator in about 20% cases. Meanwhile, men represent about 70 per cent of arbitrators shortlisted in the Recommendatory List of the ICAC Arbitrators. As for the structure of the ICAC per se, women represent more than 40 per cent of its Presidium and not less than 100 per cent of its Secretariat.
Contrary to other jurisdictions, diversity in the choice of arbitrators (e.g. gender, age, origin) is not an issue in Panama since the arbitration community is quite diverse. Nevertheless, arbitral institutions do try to promote diversity in the appointment of arbitrators.
The population of the UAE is a confluence of cultures, with professionals stemming from a range of jurisdictions, ethnicities and differing legal traditions, working in a single market. The arbitration community reflects this diversity both as counsel and arbitrators.
The UAE further recognises the benefits of developing the new generation of young arbitrators when it previously launched “DIAC 40”. An initiative to support the development of younger arbitrators in the MENA area.
The SCC is actively promoting diversity in the choice of arbitrators. For example, the SCC is seeking to appoint younger arbitrators in less complex disputes in order to safeguard the coming generation of arbitrators. Moreover, it should be noted that, during 2015, the SCC appointed a woman as arbitrator in almost 27% of the cases. This should be compared to cases where the parties themselves appointed an arbitrator, in which a woman was appointed in only 6.5% of the cases.
In close connection to the SCC, the organizations Young Arbitrators Sweden (YAS) and Swedish Women in Arbitration Network (SWAN) are actively trying to influence the SCC and the market with respect to, inter alia, the choice of arbitrators.
Diversity is not actively promoted in the SAA. However, different arbitral institutions are making efforts to achieve it. For example, the CIMA has provided a list of “young arbitrators” in its web page.
Diversity in the choice of arbitrators and counsel is not promoted at an institutional level, however, in reality the pool of arbitration practitioners in Serbia includes a number of young experts, as well as many prominent female practitioners, both as counsel and as arbitrators.
The nationality or professional qualification of an arbitrator is not a ground to challenge an arbitrator unless the parties have specified in their arbitration agreement a specific nationality and/or professional qualification as a ground for appointment of an arbitrator.
There is no provision or any measures taken towards the diversity in the choice of the arbitrators and counsel. However, there are ongoing discussions taking place for foreign law firms to enter and practise in India.
Although there are no legal or regulatory rules, the diversity in the choice of arbitrators and counsel (e.g. gender, age, origin) is actively promoted in my country. Arbitrators of different age and gender form part of the list of arbitration of the Ecuadorian arbitration centers.
No, there is no active promotion of such measures.
Our impression is that competence, experience and quality are the key factors in the selection process, rather than diversity in gender, age and origin.
No, the choice of arbitrators and counsel is at the discretion of the parties and mostly takes into account their experience and professional qualifications.
Currently arbitration is being promoted as a preferred dispute resolution mechanism with Centers, for example the CEDRAC, having as its member professionals from a diverse background.
In 2016, the ICC joined a range of institutions and prominent members of the international dispute resolution community in signing an Equal Representation in Arbitration Pledge, calling for more women to be appointed as arbitrators in international arbitration.
On 31 May 2017, the ICC has revealed a marked growth in the number of women arbitrators appointed for ICC proceedings: “up 4.4% from 2015 statistics, women arbitrators represented 14.8% of all arbitrators appointed by ICC Arbitration parties, co-arbitrators or directly by the Court in 2016. This figure more than doubles the number of women arbitrators recorded for 2011”.
The ICC’s efforts are not limited to gender diversity, but are also aimed at enhancing “regional” and “generational” diversity in the appointment of arbitrators.
The CAM is actively involved in promoting women’s participation in arbitration. According to the data released by the CAM, among the 193 women appointed between 2011 and 2016, 60% of them were appointed by the CAM, whereas only 28,5% by the parties.
Both CAM and AIA are among the signatories of the Equal Representation Arbitration Pledge.
This diversity is not promoted. Arbitrators and counsel are appointed based on their credentials, experience, credibility and availability to carry out the task.
Diversity is actively promoted on a voluntary basis and it may also be mentioned in this context that VIAC is now headed by two female professionals as general secretary and deputy general secretary.
Yes. The AAA has formed a dedicated Diversity Committee to ‘promote the inclusion of individuals who historically have been excluded from meaningful and active participation in alternative dispute resolution.’ Similarly, CPR maintains a Diversity in ADR Task Force. In addition, a number of young professionals groups, notably the ICC-Young Arbitrators Forum, emphasize the need to promote diversity in selecting speakers and representatives, and the ICC, CPR and ICDR have pledged support for equal representation of women in arbitration.
No. This issue is not even discussed in legal literature.
As a rule, the majority of arbitration proceedings in Israel are conducted before a sole arbitrator. Hence, the issue of tribunal is somehow less relevant. When a tribunal includes several arbitrators, the issue of diversity of arbitrators does not, as a rule, constitute a factor in choosing the arbitrators, and currently and to the best of our knowledge, no initiative as to the issue of tribunal diversity is being promoted.
Many UK firms, institutions and individuals have signed the Equal Representation in Arbitration Pledge, which is intended to improve the profile of women in arbitration with a view to securing the appointment of more women as arbitrators, on an equal opportunity basis.
Usually both the counsel and arbitrators are selected based on their professional expertise rather than on other criteria.
Parties are free to appoint their arbitrators according to the Local Law and there is no intention regarding the arbitrators’ gender, age, origin etc. However, in case the parties are from different nations and the sole arbitrator will be appointed by the court, the court considers that the nation of the arbitrator will not be the same with one of the parties; and in case three arbitrators will be appointed, the court considers that the two of the arbitrators will not be the same nation with the one party. The procedure is the same for the appointment of the more arbitrators. Also, according to the Law no. 6100, if there will be an arbitral tribunal, at least one arbitrator must be a legal expert who has five year experience at least, in his/her own area.