Publications

The inequality is striking

After significant efforts in the past twenty years to improve the number of women in the judiciary, now around one-third of the United States Supreme Court justices are women, as are 35% of the active judges currently sitting on the thirteen United States federal courts of…

Since the publication of ‘Getting a Better Balance on International Arbitration Tribunals’ in Arbitration International Volume 28 Issue 4 in 2012, there has been in-creasing focus in the arbitration community on the issue of improving diversity among counsel and arbitrators alike, particularly in relation to gender diversity. In…

A Slim and Pristine Binder

Although clumsily expressed, Mitt Romney’s request that his staff bring him “whole binders full of women” had a positive effect in counteracting the fact that all the cabinet applications he had received were from men: two years into Mitt Romney’s term of gubernatorial office, 42…

This article discusses the prevalence of challenges to arbitrators in international arbitration proceedings. The authors analyse the available data on challenges in both international commercial arbitrations and in public investment treaty arbitrations and highlight differences between the two in relation to this issue.

Abstract

In this article the authors look at gender diversity in international arbitration tribunals and draw a comparison with gender diversity in the judiciary, in law firms and in major companies. Concluding that the lack of gender diversity in international arbitration tribunals cannot wholly be attributed to the lack of…

The spiralling cost of conducting international arbitrations has been extensively debated in recent years. Most of the cost of pursuing or defending an international arbitration is attributable to the cost of legal representation. In this article the author considers the use of alternative fee arrangements in international arbitration.The author discusses…

Abstract

The growth of international commercial arbitration in recent years has contributed to a number of perceived problems within the system, in particular, the increasing ‘judicialisation’ of commercial arbitration and an attendant increase in costs. End-users appear to be dissatisfied with a process that, while it still delivers binding awards…

On its face, bifurcating the proceedings is usually an attractive proposition. It ought to make sense in most proceedings to hive off certain discrete issues for early determination by the tribunal in the hope of streamlining the process or, possibly, eliminating the arbitration entirely. The generally accepted view is that…