Is diversity in the choice of arbitrators and counsel (e.g. gender, age, origin) actively promoted in your country? If so, how?
International Arbitration (3rd edition)
No, there is no active promotion of such measures.
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.
Over the last years arbitration became a highly used method for dispute resolving and there is an ongoing effort to encourage its use. That is why many institutions/centers are being established in our country. For example, the Cyprus Arbitration and Mediation Centre (CAMC) and the Cyprus Eurasia Dispute Resolution and Arbitration Center (CEDRAC), the primary centers for dispute settlement in Cyprus, have personnel with a diverse background such as nationality, age etc.
We are unaware about any action to promote diversity in the field of Czech arbitration.
The issue of diversity in the choice of arbitrators is a growing concern of the arbitral institutions, that strive to enlist as arbitrators individuals of diverse ages or origins. To this end, various institutions have adhered to the Equal Representation in Arbitration Pledge.
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.
Diversity of arbitrators is not actively promoted in Mainland China now but the panel of arbitrators of the arbitration institutions generally compose of experts from various industries and nationalities.
a. No. Arbitrators are chosen on their qualifications and professional background.
So far there have been no organized initiatives to promote diversity in arbitration.
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.
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.
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. The LCIA has also signed the Equal Representation Arbitration Pledge and publishes yearly updates with diversity statistics. Last year a record 24% of arbitrators appointed were women. In 2017, the LCIA Court selected non-British arbitrators 52% of the time, compared to the parties and the co-arbitrators, who selected non-British arbitrators 26% and 20% of the time respectively.
The SCCA has created a new list of arbitrators that promotes diversity. This list includes around 200 arbitrators with different backgrounds, speaking different languages, and coming from a wide range of professions. This list, however, is not yet publicly available.
Yes. Several arbitral institutions have diversity committees that seek to promote diversity amongst arbitrators and counsel alike. For instance, the AAA has a mission statement that memorializes its commitment to diversity, and has a diversity committee that builds coalitions and participates in events with national, minority, and local bar associations and law schools to provide training and create opportunities for diverse practitioners. The AAA and the ICDR jointly sponsor the AAA Higginbotham Fellows Program, which provides training, networking, and mentorship for young diverse ADR practitioners.
Another example of an increased interest in the promotion of diversity is JAMS, which promotes diversity by recruiting and retaining diverse ADR professionals. JAMS also encourages businesses to include diversity and inclusion arbitration clauses in their contracts, which requires the inclusion of diversity as a consideration when selecting an arbitrator or arbitration panel.
There are also several professional organizations based in the U.S. that promote diversity in the legal field generally, such as the American Bar Association’s Office of Diversity & Inclusion (https://www.americanbar.org/groups/diversity/). The ArbitralWomen (https://www.arbitralwomen.org/), an international organization that focuses particularly on gender diversity in arbitration, has become very active in the U.S. in the recent years.
VIAC is actively promoting diversity in the selection of arbitrators and has signed the Equal Representation in Arbitration Pledge. It may be noted that VIAC is now headed by two female professionals as Secretary General and Deputy Secretary General.
This diversity is not promoted. Arbitrators and counsel are appointed based on their credentials, experience, credibility and availability to carry out the task.
There is a general concern with diversity in choice of arbitrators but there are not any specific measures executed in order to promote it.
When arbitral institutions act as appointing authority, they actively appoint women and/or younger practitioners as both tribunal members and sole arbitrators.
No. Diversity is not something which is actively promoted in Ireland. However, given the openness of the legal profession in Ireland, diversity or the lack of it, is not an issue in the legal and arbitral communities in Ireland.
Our impression is that competence, experience and quality are the key factors in the selection process, rather than diversity in gender, age and origin.
While national and international initiatives for more diversity are gaining support in Germany, neither the DIS Arbitration Rules nor German arbitration law provide for specific rules, provisions dealing with the diversity of either the arbitrators, experts or counsel.
No, the choice of arbitrators and counsel is at the discretion of the parties and mostly takes into account their experience and professional qualifications.
Diversity in the choice of arbitrators and counsel is not actively promoted in Chilean arbitration laws. Nevertheless, the ICAL 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.