Historical Milestone Maintained at the ICC International Court of Arbitration

Historical Milestone Maintained at the ICC International Court of Arbitration

16 September, 2024

The evolution of the number of women in ICC arbitrations and women appointed at the ICC International Court of Arbitration is worth noting. From the under-representation of women, the needle has moved to a better general position.

As annual statistics provide objective elements of comparison and allow to assess where we stand, I regularly presented empirical studies on women’s involvement in dispute resolution. When I started collecting in 2010 numbers of women nominated as arbitrators in ICC arbitrations (see Speeding up the path for Gender Equality, TDM, ISSN 1875-4120, May 2016, and How has Female Participation at ICC Evolved? ICC Arbitrators, Court Members and Court’s Secretariat, ICC Dispute Resolution Bulletin, November 2017, issue 3, page 37), the percentage was dramatically low – 7.2% – and was alarmingly lower when Louise Barrington first raised the issue of under-representation in the 1990s (see Louise Barrington, Then and Now-A Quarter Century of Women in Arbitration, New York Dispute Resolution Lawyer, Spring 2012, Vol.5, No.1).

The dearth of women in dispute resolution triggered the foundation of ArbitralWomen by Louise Barrington and myself over 30 years ago. Claudia Salomon, President of the ICC International Court of Arbitration and ArbitralWomen member, has referred to ArbitralWomen as “a pioneering group of women”, “supporting the career development of women in international arbitration and alternative dispute resolution” (ICC Dispute Resolution Bulletin, 2024, issue 1).

In 2023, the number of women confirmed or appointed in ICC arbitrations rose to 29.7% (ICC 2023 Dispute Resolution Statistics). This represents an increase of nearly 23% in 14 years. Although we would expect gender equality in the 21st century, this increase is worth noting.

The most significant milestone was the gender equality reached at the ICC Court in 2018 (see Achieving Gender Equality on the ICC International Court of Arbitration – A giant step, ICC Dispute Resolution Bulletin, November 2018, issue 3, page 104). For 35 years, from 1980 to 2015, the number of women at the Court varied between 2% and 16%, and in the second half of 2015 the number increased to 23%. When I reported about the extremely slow change in the numbers, the former president of the Court, Alexis Mourre, rose to the challenge and marked a historical moment for ICC and arbitration generally, by achieving an equal male/female ratio on the ICC Court in July 2018.

ArbitralWomen is delighted to note, that this equality was maintained in the previous two three-year terms of the ICC Court (2020-2022 and 2022-2024) and in the new term commencing on 1 July 2024.  Many ArbitralWomen members were among the nominations announced by the ICC on 1 July 2024 (ICC Court Members).

The ICC Court appointed 171 members and 19 vice-presidents from 119 jurisdictions, including 12 jurisdictions not previously represented, to serve terms commencing on 1 July 2024 and expiring on 30 June 2027, subject to renewal for three years.

Women represent approximately 51% of the Court, with 97 female members–including the president and 11 vice presidents – and 94 male members, as provided in an ICC press-release.

Of the nineteen vice-presidents, eleven are women and five are ArbitralWomen members:

Julie Bédard (Canada/France)
Samaa Haridi (Egypt, United States)
Carmen Martinez Lopez (Spain/United Kingdom)
Carole Malinvaud (France)
Malgorzata Surdek-Janicka (Poland)

In addition, twenty-one of the female Court members are ArbitralWomen members:

Bahrain
Belgium
Cameroon
Canada
Canada
Egypt
Finland
Germany
Grenada
Ireland
Jamaica
Lebanon
Macau
Mexico
Morocco
New Zealand
South Africa
Sweden
Turkey
United States of America
Uzbekistan
Amel Alaseeri
Ank Santens
Sylvie Bebohi Ebongo
Tina Cicchetti
Stephanie Cohen
Amani Khalifa
Tuuli Timonen
Antje Baumann
Akima Paul Lambert
Philippa Charles
Natalie Reid
Sara Koleilat-Aranjo
Ana Coimbra Trigo
Gabriela Alvarez Avila
Yasmine Lahlou
Anna Kirk
Chloé de Jager
Patricia Shaughnessy
Simel Sarıalioğlu
Sarah Vasani
Diora Ziyaev

Members of the ICC Court are appointed by the World Council following the proposal of ICC national committees and groups, with alternate members appointed by the World Council following the Court President’s proposal.

The Court continues to ensure generational, gender, and geographical diversity on the Court: 35 members and vice-presidents are from Africa, 61 from Asia-Pacific, 22 from the Middle East, 62 from Europe, 26 from Latin America, and eight from Anglo-America.

Congratulations to the new ICC Court members!

Submitted by Mirèze Philippe, ArbitralWomen Co-Founder and Board Director, former Special Counsel at the Secretariat of the ICC International Court of Arbitration