The Cross-Institutional Task Force on Gender Diversity in Arbitral Appointments and Proceedings is pleased to announce the release of its Report, the eighth volume of the International Council for Commercial Arbitration (ICCA) Reports Series.
This Cross-Institutional Task Force, assembled in 2019, brings together representatives of 18 leading international arbitration institutions, law firms and gender diversity initiatives to publish and analyze recent statistics on the appointment of female arbitrators, as well as to identify opportunities and best practices to promote gender diversity in international arbitration.
Gender diversity in arbitral tribunals is increasing, with the number of female arbitrators appointed to tribunals doubling in the past four years. This increase is largely the result of the efforts of arbitral institutions to appoint more female arbitrators. However, in 2019 women only comprised just over 21% of arbitrator appointees, underlining the need for improvement in the field. This Report argues that the greatest opportunity for such improvement lies with parties and the counsel that represent them, noting that while 34% of institutional appointments and 21.5% of co-arbitrator appointments were female in 2019, only 13.9% of party-appointments were female. In addition to the social and moral obligation to address gender discrimination as part of the dispute resolution field’s broader commitment to sustainable development, gender diversity in arbitral tribunals can enhance the legitimacy of arbitration, as well as improve its procedures and outcomes.
Importantly, the Report highlights potential barriers to diversity, as well as tools available to arbitration users to improve gender diversity in arbitral tribunals. These tools include: databases of qualified female candidates for counsel to choose from; advice on addressing unconscious bias; ways in which clients and funders can require diversity in international arbitration; opportunities for qualified women to promote and market their credentials; advice for less experienced female lawyers who wish to progress their careers; and advice for employers on how to grow and promote their female talent.
Speaking to the collaboration of the Task Force, ArbitralWomen Member and Chair Carolyn Lamm states: “I applaud the outstanding work of the Task Force including the leading arbitral institutions worldwide, the Pledge, ArbitralWomen, Three Crowns, White & Case, Freshfields, ICCA and so many others who collaborated to prepare what is a first comprehensive Report of its kind on the progress of women in international arbitration- and which shares a vision for how we move forward. I am tremendously grateful for everyone’s efforts and am confident the Report will make a difference on this issue of importance.”
The Cross-Institutional Task Force includes representatives of the following organisations: ArbitralWomen; the American Bar Association (ABA); Burford Capital; the Equal Representation in Arbitration Pledge (ERA); Freshfields Bruckhaus Deringer LLP; the German Arbitration Institute (DIS); the Hong Kong International Arbitration Centre (HKIAC); the International Bar Association (IBA); the International Centre for the Settlement of Investment Disputes (ICSID); the International Chamber of Commerce International Court of Arbitration (ICC); the International Council for Commercial Arbitration (ICCA); the International Centre for Dispute Resolution (ICDR); the London Court of International Arbitration (LCIA); the Stockholm Chamber of Commerce (SCC); Three Crowns LLP; the University of Sydney; the Vienna International Arbitral Centre (VIAC); and White & Case LLP.
Such representatives include ArbitralWomen members Louise Barrington, Julie Bédard, Alice Fremuth-Wolf, Lucy Greenwood, Ashley Jones, Carolyn Lamm, Noiana Marigo, Wendy Miles QC, Sylvia Noury, Nicola Peart, Mirèze Philippe, Patricia Shaughnessy and Ana Stanic. They also include Lisa Bingham, Lise Bosman, Valeria Galíndez, Sarah Grimmer, Jacomijn van Haersolte-van Hof, Jennifer Ivers, Anna Kaehlbrandt, Meg Kinnear, Roberta D. Liebenberg, Ramya Ramachanderan, Miroslava Schierholz,Stacie Strong and Aviva Will.
The Task Force extends its thanks to its members listed above, the female arbitrators who agreed to be interviewed by the Task Force to provide their insights and perspectives, as well as independent arbitrator and ArbitralWomen member Lucy Greenwood and the PluriCourts Investment Arbitration Database (PITAD), who contributed data on arbitral appointments in recent years to this Report.
To access the Report on Kluwer Arbitration, please click here.
To access the Report on the ICCA website, please click here.
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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.