LJD Week 2021 | Building Arbitrator Diversity in International Law

Lona Huebner

There is increasing recognition of the importance of diversifying the pool of adjudicators for international dispute settlement. 1 of the 5 organizations that comprise the Environment Financial institution Team, the Global Centre for Settlement of Expense Disputes (ICSID) is the primary establishment for the resolution of disputes involving foreign investors […]

There is increasing recognition of the importance of diversifying the pool of adjudicators for international dispute settlement.

1 of the 5 organizations that comprise the Environment Financial institution Team, the Global Centre for Settlement of Expense Disputes (ICSID) is the primary establishment for the resolution of disputes involving foreign investors and host States. ICSID has administered the wide greater part of international investment decision disputes—involving States and investors from all locations of the entire world. To ensure that people who make your mind up ICSID instances also mirror this international makeup, ICSID has taken concrete ways to broaden and diversify the pool of skilled adjudicators in the subject of international expense regulation. Other courts and institutions have also taken up the concern, identifying new chances and initiatives to advertise diversity in international dispute adjudication. 

The need to have for concerted attempts to boost diversity have been underscored by surveys of the international legal community. In a 2018 survey by Berwin Leighton Paisner, 80{dea5cd636a66006a995d2ee66a169fa3263944642df71bca08b0883f5943a7f3} of survey respondents thought that tribunals contained far too many white arbitrators, 64{dea5cd636a66006a995d2ee66a169fa3263944642df71bca08b0883f5943a7f3} felt that there were too a lot of arbitrators from Western Europe or North The us, and 84{dea5cd636a66006a995d2ee66a169fa3263944642df71bca08b0883f5943a7f3} felt that there were being too numerous male arbitrators. To related outcome, the 2021 White & Situation Worldwide Arbitration Survey indicated that much less than a third of respondents imagine there has been sufficient development in regard of geographic, age, cultural and ethnic range, whilst additional than half feel that there has been progress with regards to gender range on arbitral tribunals in the very last a few many years. 
 
This proposed roundtable will check out the situation of range in international dispute settlement and would look at: 

  • Why is variety of adjudicators vital? What is the impact of an absence of range among adjudicators on the dispute settlement process and outcomes?

  • What concrete ways can be taken to diversify the pool of adjudicators? What initiatives have succeeded and what endeavours are underway?  Who is responsible for these initiatives?

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