Since its launch in 2016, the Equal Representation in Arbitration (ERA) Pledge has become a beacon in the pursuit of female representation in arbitration. From its inception, the Pledge has had two main objectives: to improve the profile and representation of women in arbitration, and to encourage the business and dispute resolution communities to appoint women as arbitrators on an equal opportunity basis. The Pledge is guided by a Steering Committee formed of senior arbitration practitioners and users from around the world and currently has over 4,000 signatories, composed of individuals, firms and organisations committed to taking concrete actions to further these objectives.
The under-representation of women in arbitration is nevertheless very much a reality. The lack of visibility of female arbitrators is often cited as a reason for the low number of women on arbitral tribunals, which prompted the ERA Pledge Steering Committee to consider ways to facilitate sharing information about qualified female candidates and contribute to an increase in the visible pool of female arbitrators (see “New female arbitrator search tool launched to promote greater equality in arbitration”). To provide an answer to this problem, an “Arbitrator Search” tool was launched shortly after the Pledge.
The “Arbitrator Search” tool seeks to assist arbitration users in their search of female arbitrators. To this end, a Search Committee was constituted, composed of volunteers from arbitral institutions (excluding individuals from law firms in order to avoid any conflict of interest) to provide names of female arbitrator candidates who may be less well known, but who are considered to have relevant experience. No member of the Search Committee may be proposed as a potential candidate.
Anyone can benefit from the “Arbitrator Search” service by simply completing the form on the Pledge’s website. To enable the Search Committee to propose names, it needs to be provided with information about the requirements of the person seeking assistance, who must complete the fields related to the expertise of the prospective arbitrator, relevant information about the dispute, applicable law, languages needed for the case, place of arbitration, an estimation of the amount in dispute if possible, and any nationality that should not be considered for a given dispute. Once the request is received, the Search Committee identifies potential candidates to propose based on the criteria provided in the completed form. Candidates are proposed without any commitment or liability for the ERA Pledge, its Steering Committee or the Search Committee members, as explained on the “Arbitrator Search” tool and in a Kluwer Arbitration Blog post (see “One Step Further after the Launch of the ERA Pledge: A Search Service for Female Arbitrators Appointments”). Information provided by users of the “Arbitrator Search” tool and all work by the Search Committee are kept confidential.
The Pledge's "Arbitrator Search" tool is a timely and valuable resource at a time when more disputes subject to arbitration are likely to arise due to the global Covid-19 pandemic, and when arbitration may play a more important role in this context.
Submitted by Karima Sauma, Executive Director of the International Center for Conciliation and Arbitration of the Costa Rican-American Chamber of Commerce, and Mirèze Philippe, Special Counsel ICC International Court of Arbitration and ArbitralWomen Co-Founder
You can delete your CV file if you do not want it to be accessible on the site.
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.