The findings of the SOAS 2024 Arbitration in Africa survey Report for the first time dedicated a section on gender and the appointment of females as arbitrators in Africa-connected arbitrations. The report also found that females act as counsel and tribunal secretary in these arbitrations.
The online questionnaire for the Report was completed by 87 respondents, 83% of whom are from the legal profession. 35% of the respondents were female. There were female respondents in all age groups with 43% females in the 25-35 age band, 49% females in the 36-50 age band. There were less females in the 51-60 (21%) and 61+ (17%) age bands.
On the appointment as arbitrators in cross border disputes, 72% males against 28% females sat as arbitrator, reflecting a major gender imbalance. However, there was parity in the 25-35 and 36-50 (50%) age bands while there was no female in the 51-60 age band, and 20% of females in the 61+ age band. A similar picture is seen in domestic arbitration with 38% of females having been appointed as arbitrator over the reporting period (2019-2023) as against 62% males. The Report also found more females as compared to men received appointments from arbitration institutions.
Appointment of female arbitrators in Africa-connected arbitrations tracks the global trend with more males being appointed as arbitrators than females and males aged 51+ most likely to be appointed in Africa-connected arbitrations and for repeat appointments. This effectively implies that over the next decade or two, this trend may remain but with gradual erosion of the base percentage difference. This is because as stated above, in the under 50s age group, female arbitrators are being appointed at almost a parity rate.
This finding is important and will help those organisations (such as AW) and institutions who are keen to ensure more appointments for female arbitrators, to encourage these females not to drop off the radar or lose faith in the system and to continue to provide such practitioners with opportunities as arbitrators.
In relation to tribunal secretaries, the evidence from our data shows that those females who are desirous of sitting as arbitrators can make the transition where they act as both tribunal secretary and counsel. This finding should not be surprising since skills that counsel and tribunal secretaries deploy will be essential for acting as arbitrator.
There is an obvious problem from the data on repeat appointments which requires additional research. It is most likely that for parties (and their lawyers) in Africa-connected arbitrations, experience is valued very highly which explains the greater number of appointments for those respondents with 11+ appointments already and 51+ age group. If this presumption is correct, then it may be for arbitration institutions to step up and appoint more females who have limited experience to enable them to continue to build on their experience. From the data and reports from other regions and globally, this is not an Africa-specific limitation but the common experience of less experienced arbitrators, both females and males.
Conclusion
There is a robust and healthy optimism that there will incrementally be more females involved in Africa-connected arbitrations either as arbitrators, counsel and or tribunal secretaries. The data clearly suggests that females will continue to participate and move closer to parity with their male counterparts in appointment into various arbitration roles. This finding should encourage those females currently involved to patiently remain on track and encourage or support other females to join the community.
The 2024 SOAS Arbitration in Africa Report can be accessed at: 2024 SOAS Arbitration in Africa Survey Report.pdf.
Submitted by ArbitralWomen member and SOAS University of London Professor of International Commercial Law, Emilia Onyema.