Is diversity in the choice of arbitrators (e.g. gender, age, origin) actively promoted in your country? If so, how?
ArbitralWomen is active in Austria and, in cooperation with VIAC, seeks to promote women in arbitration by e.g. regularly organising workshops and the like (www.arbitralwomen.org).
Also, the YAAP, the section of young arbitration practitioner within the Austrian Arbitration Association, ArbAUT, seeks to support young arbitration practitioners (www.yaap.at).
Earlier this year, 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.
There are no such measures.
The diversity in the choice or arbitrators is inherently promoted. Even if there is no legal provision to this effect, the list of arbitrators and presiding arbitrators of CICA for example comprises both Romanian and foreign arbitrators from all over the world, of different gender, age or nationality.
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.
Efforts are underway to promote diversity in the selection of arbitrators in the UAE. Many young practitioners often sit as arbitrators in UAE arbitrations and women are increasingly participating as arbitrators in onshore UAE, DIFC and ADGM-seated tribunals.
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.
Diversity in the choice of arbitrators is increasingly recognized as a pressing and important issue, and is a frequent topic of discussion at seminars and conferences. To the author’s knowledge, no formal mechanisms have been established to monitor or require diversity of appointments.
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 diverse. There is also no entry bar to the Malaysian legal community which showcases equal gender participation. KLRCA events and certification courses are well-attended by a healthy mix of participants of various backgrounds.
Yes. The major arbitration organizations, including the AAA, CPR, ICC, and JAMS, all have initiatives seeking to promote diversity among their arbitrators. For example, the AAA runs a yearlong fellowship called the Higginbotham Fellows Program, which provides training, mentorship, and networking opportunities to emerging diverse arbitrators and other alternative dispute resolution professionals.
Efforts are underway to promote diversity in the selection of arbitrators in Singapore. For example, SIAC has signed the Equal Representation Pledge, a pledge established by members of the international arbitration community that seeks to increase, on an equal opportunity basis, the number of women appointed as arbitrators in order to achieve a fair representation.
No, the parties may choose freely the person that they want to indicate as arbitrator, so, as seen in item 12 above, the arbitrator can be any individual (there is no possibility of the arbitrator be a legal entity) that has the planned capacity established by the Civil Code, being either excluded relatively incapable as absolutely incapable to personally exercise the activities of civil life. If so, how?
There is wide acknowledgment of the importance of diversity in the legal profession, which is developing regarding arbitrators. There is a movement to open arbitration to younger members of the legal profession. Arbitral institutions that operate in Canada are increasingly promoting diversity of arbitrators. Many of those involved in arbitration in Canada have signed the Equal Representation in Arbitration Pledge, which seeks to “increase, on an equal opportunity basis, the number of women appointed as arbitrators in order to achieve a fair representation as soon as practically possible, with the ultimate goal of full parity”. The Young Canadian Arbitration Practitioners promotes the involvement of younger practitioners and organizations including ArbitralWomen promote the greater involvement of women in arbitration.
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.
Diversity is not actively promoted in the Spanish regulation of arbitration but the different organizations make efforts to achieve it.
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.
Diversity in the choice of arbitrators is not formally promoted by German arbitration laws, but we see various efforts, e.g. institutions actively promoting diversity, special events for female arbitration practitioners only etc.
There are no such measures. According to the statistics of the Milan Chamber of Arbitration, in 2015 only 14% of the arbitrators were women.
Yes, where counsel and arbitrators are lawyers by the equality and diversity policies of their governing professional bodies. See question 23.
Diversity in the choice of arbitrators is not actively promoted in Ireland. An arbitrator is chosen by agreement or appointed by a nominated body so designated in an arbitration agreement. Article 11(1) of the Model Law provides that “no person shall be precluded by reason of his nationality from acting as an arbitrator, unless otherwise agreed by the parties”.
It has been suggested that the Irish courts may find a provision in an arbitration agreement that prescribes a qualification for appointment as an arbitrator on unlawfully discriminatory grounds to be contrary to public policy, within the meaning of Art 34 of the Model Law and thus void.
Diversity is not actively promoted in the Polish arbitration law, but efforts in this respect by different organizations, such as ArbitralWomen, are noticeable in Poland.
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.