New York, NY – Oct. 21, 2016 – Published by CPR
Pledge seeks to resolve under-representation of women in international arbitral tribunals
The International Institute for Conflict Prevention & Resolution (CPR) announced it has signed the Equal Representation in Arbitration pledge, joining other prominent members of the international arbitration community. The Equal Representation in Arbitration Pledge is a call to the international dispute resolution community to commit to increase the number of women appointed as arbitrators on an equal opportunity basis.
The result of a collaborative effort between global representatives of corporate entities, states, arbitral institutions, arbitration practitioners – both counsel and arbitrators – and academics, the pledge establishes concrete and actionable steps that the arbitration community can and must take towards establishing equal representation in arbitration. The Pledge commits signatories to consider women arbitrators “wherever possible.”
Other concrete steps recommended by the pledge include taking steps to try to ensure that:
committees, governing bodies and conference panels in the field of arbitration include a fair representation of women;
lists of potential arbitrators or tribunal chairs provided to or considered by parties, counsel, in-house counsel or otherwise include a fair representation of female candidates;
where they have the power to do so, counsel, arbitrators, representatives of corporates, states and arbitral institutions appoint a fair representation of female arbitrators;
gender statistics for appointments (split by party and other appointment) are collated and made publicly available; and
senior and experienced arbitration practitioners support, mentor/sponsor and encourage women to pursue arbitrator appointments and otherwise enhance their profiles and practice.
According to The American Lawyer’s 2015 Arbitration Scorecard looking at matters in a two-year period with at least $1 billion in dispute, the proportion of women among all arbitrators remains stuck at 4 percent. By comparison, of CPR’s more than 550 neutrals worldwide, roughly 15 percent are women.
“The Pledge is an important and necessary step toward improving equal representation in arbitration,” said Noah Hanft, President and CEO of CPR. “In this and many other ways, CPR is proud to play a significant role in effecting positive change in the field.”
About CPR: CPR is an independent nonprofit organization that, for more than 35 years, has helped global businesses prevent and resolve commercial disputes effectively and efficiently. Our membership consists of top corporations and law firms, academic and government institutions, and leading mediators and arbitrators around the world. CPR is unique as: (1) a thought leader, driving a global dispute resolution culture; (2) a developer of cutting-edge tools and resources, powered by the collective innovation of its membership; and (3) an ADR provider offering innovative, practical arbitration rules, mediation and other dispute resolution procedures, and neutrals worldwide. For more information, please visit www.cpradr.org.
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Policy on Funding Moot Competition Teams
Each year ArbitralWomen provides support to a number of Teams who participate in dispute resolution competitions, such as the Vis or Vis East International Arbitration Moot by covering their registration fee.
Following are the conditions for the funding:
Any qualified team requesting financial assistance must complete an application form providing details of the teams, resources, and the reason for the requested assistance. The application form is available on the website, and may be amended from time to time as the Board deems appropriate.
The Board, through its Moot Bursary Committee, shall consider all applications received and decide which team(s) shall be supported through payment of its(their) registration fee to compete. In general, teams selected will be from different countries. Applications filed after the deadline will be disregarded.
Criteria of selection:
The team must reflect ArbitralWomen's mission of promoting the participation of women in dispute resolution, i.e. at least half of the members of a team must be women.
The team must demonstrate the need for financial assistance.
Priority will be given to teams:
who have not previously participated, and whose school has not previously participated;
who have no support from their universities or no coach;
who come from developing countries or jurisdictions which, in the sole discretion of the Board, are in the greatest need of support for the advancement of women in dispute resolution;
of smaller number of students composing the team (for example 4 students as opposed to 8).
An all-female team may be awarded the ArbitralWomen President’s Bursary if the other requirements are met.
Nothing in this Policy prevents a team, which has already received funding in one year, from applying in future years. The Board shall treat each application on its merits and in relation to other applications received for that particular year.
The Board shall effect payment to the final payee rather than directly to the team. In the event the team for any reason cannot participate, the Board at its sole option may request a refund from the organising authority, may request the organising authority to apply the funds to assist another team in that year, or may request that the funds be used to pay for another team in the following year.
Funding will, in the first instance, be sought from external sponsors, who shall be identified and introduced to the sponsored team(s). Further funding by ArbitralWomen itself in any given year will be contingent upon the existence and maintenance of sufficient funds in the account of ArbitralWomen. Each year, the Board will decide the number of awards to be given in that year. Nothing in this Policy obliges the Board to provide funding in any given year.
Although the ArbitralWomen Moot Bursaries are limited to payment of the registration fee, as mentioned above, there is nothing to prevent the chosen sponsors from providing additional assistance to the teams assigned as their "fundee", but any such arrangement will be made directly between the sponsor and the applicable team.