The missing link between good intentions and actual appointments of diverse arbitrators is the kind of information counsel and parties consider most crucial—objective feedback and data from parties and counsel regarding the arbitrators’ past rulings and decision-making. This information is what propels arbitrators off a short list and onto a tribunal.

Without feedback, counsel report having a much harder time convincing even progressive minded parties let alone their own counsel teams to appoint a diverse or newer arbitrator, especially if they have significant feedback regarding another non-diverse arbitrator. In our discussions with leading arbitral institutions, we heard from them that appointing diverse arbitrators is “really hard work” as they are also limited to the same sources of information when appointing a chairperson or members of the tribunal. Because institutions are appointing the amazing “diverse” arbitrators that they know, as one institutional representative put it, “the same ‘diverse arbitrators’ are continually appointed”.

In sum, if we want to close the diversity gap, we need to change the way we share objective feedback and data about arbitrators.