Hardback
Diversity in International Arbitration
Why it Matters and How to Sustain It
9781803920030 Edward Elgar Publishing
After decades of focus on harmonization, which for too many represents no more than Western legal dominance and a largely homogeneous arbitration practitioner community, this ground-breaking book explores the increasing attention being paid to the need for greater diversity in the international arbitration ecosystem. It examines diversity in all its forms, investigating how best to develop an international arbitral order that is not just tolerant of diversity, but that sustains and promotes diversity in concert with harmonized practices.
More Information
Critical Acclaim
Contributors
Contents
More Information
After decades of focus on harmonization, which for too many represents no more than Western legal dominance and a largely homogeneous arbitration practitioner community, this ground-breaking book explores the increasing attention being paid to the need for greater diversity in the international arbitration ecosystem. It examines diversity in all its forms, investigating how best to develop an international arbitral order that is not just tolerant of diversity, but that sustains and promotes diversity in concert with harmonized practices.
Offering a wide range of viewpoints from a diverse and inclusive group of authors, Diversity in International Arbitration is a comprehensive and insightful resource on a controversial, fast-moving subject. Chapters present arguments from practitioner, academic, institutional and governmental perspectives that identify the underlying issues and address the various ways in which the goal of diversity, whether demographic, legal, cultural, professional, linguistic, or philosophical, can be reached.
This book’s analysis of the contemporary state of diversity in international arbitration will be a crucial read for researchers in the field. Practitioners and policy makers will also find its discussion of best practices and innovative initiatives for enhancing diversity to be invaluable.
Offering a wide range of viewpoints from a diverse and inclusive group of authors, Diversity in International Arbitration is a comprehensive and insightful resource on a controversial, fast-moving subject. Chapters present arguments from practitioner, academic, institutional and governmental perspectives that identify the underlying issues and address the various ways in which the goal of diversity, whether demographic, legal, cultural, professional, linguistic, or philosophical, can be reached.
This book’s analysis of the contemporary state of diversity in international arbitration will be a crucial read for researchers in the field. Practitioners and policy makers will also find its discussion of best practices and innovative initiatives for enhancing diversity to be invaluable.
Critical Acclaim
‘Ali, Balcerzak, Colombo, and Karton have edited a unique tour-de-force of diversity issues ranging from personal identity to legal culture to environmental impact. The editors have compiled an impressive anthology of approaches to fostering diversity from a “who's who” of authors making an impact on the ground already in this space. This is a must-read book for any law firm lawyers, corporate counsel, organizational leaders, arbitration institution administrators, and concerned arbitrators looking for ways to increase the environmental, social, and governance (ESG) savviness of their organizations and independent practices.’
– Victoria Sahani, Boston University, US
‘Two generations ago, the international arbitration community comprised an arcane brotherhood – a mafia of the pale, male and stale. “[O]ur own cultures are largely invisible to us; they are simply our “common sense” understandings of the world.” The fascinating chapters in this book lift the veil on unconscious biases, demonstrating how inclusion is crucial to maintaining the legitimacy of arbitration today. I love it!’
– Louise Barrington, Arbitrator, co-founder of ArbitralWomen and of Hong Kong’s Vis East Moot
– Victoria Sahani, Boston University, US
‘Two generations ago, the international arbitration community comprised an arcane brotherhood – a mafia of the pale, male and stale. “[O]ur own cultures are largely invisible to us; they are simply our “common sense” understandings of the world.” The fascinating chapters in this book lift the veil on unconscious biases, demonstrating how inclusion is crucial to maintaining the legitimacy of arbitration today. I love it!’
– Louise Barrington, Arbitrator, co-founder of ArbitralWomen and of Hong Kong’s Vis East Moot
Contributors
Contributors: Shahla F. Ali, Filip Balcerzak, Giorgio Fabio Colombo, Konrad J. Czech, Caroline Deves, Fernando Dias Simões, Kabir A.N. Duggal, Victor Ferreres Comella, Lucy Greenwood, Weixia Gu, D’andra A. Johnson, Joshua Karton, Alyssa S. King, Eva Litina, Anthony Marcum, Luke Nottage, Theominique D. Nottage, Ksenia Polonskaya, Monika Prusinowska, Rekha Rangachari, Anselmo Reyes, Katherine Simpson, Bartosz Soloch, James Tanna, Nobumichi Teramura, Piotr Wilinksi
Contents
Contents:
PART I THEORETICAL INTRODUCTION
1 Introduction: reaching sustainable diversity in
international arbitration 2
Giorgio Fabio Colombo, Shahla F. Ali, Filip Balcerzak,
Joshua Karton
2 Diversity in four dimensions 6
Joshua Karton
3 Fluidity of culture: convergence and informed divergence
in cross-border arbitration 21
Shahla F. Ali
PART II DIVERSITY IN THE ARBITRAL COMMUNITY
4 Diversity in investment arbitration: balancing individual
and community legitimacy 33
Fernando Dias Simões
5 Gender, race, or both? The need for greater consideration
of intersectionality in international arbitration 48
Kabir A.N. Duggal and Rekha Rangachari
6 Diversifying the dominant demographics in international
arbitration – the how, the why and the (maybe) solution 66
D’Andra A. Johnson and Theominique D. Nottage
7 Sustainable diversity in international arbitration: the case
of ad hoc, maritime, and commodities trade arbitration 83
Eva Litina
8 Developing diversity within diversity discourse:
remembering non-lawyers in arbitration 101
Luke Nottage, Nobumichi Teramura and James Tanna
9 CETA – where are the women? Diffusing the
thought-terminating clichés that impeded diversity 119
Katherine Simpson and Anthony Marcum
10 Boosting diversity in international arbitration: lessons
from and for China? 135
Monika Prusinowska
11 Judicial capacity-building and sustainable diversity under
the Model Law 150
Anselmo Reyes
PART III DIVERSITY IN CULTURES AND STYLES OF
ARBITRATION
12 Arbitration and the diversity of constitutional cultures 168
Victor Ferreres Comella
13 Diversity of med-arb in international arbitration 182
Weixia Gu
14 I say discovery, you say disclosure. Evidence in
international arbitration 198
Alyssa S. King
15 Linguistic diversity in international investment arbitration 213
Ksenia Polonskaya
16 Challenging the arbitrariness perception of ex aequo et
bono to (re-)discover procedural diversity 229
Nobumichi Teramura
PART IV “SUSTAINABLE” ARBITRATION –
ENVIRONMENTAL ISSUES
17 The role of international arbitration in resolving climate
change related disputes: selected prospects and issues 243
Konrad J. Czech and Bartosz Soloch
18 Transparency in international arbitration as a catalyst to
combat climate change: is it time to embrace democratised
access to data in climate change related disputes? 258
Caroline Deves and Piotr Wilinski
19 Arbitration and climate change: sustainable and diverse
policy and practice 276
Lucy Greenwood
Index 289
PART I THEORETICAL INTRODUCTION
1 Introduction: reaching sustainable diversity in
international arbitration 2
Giorgio Fabio Colombo, Shahla F. Ali, Filip Balcerzak,
Joshua Karton
2 Diversity in four dimensions 6
Joshua Karton
3 Fluidity of culture: convergence and informed divergence
in cross-border arbitration 21
Shahla F. Ali
PART II DIVERSITY IN THE ARBITRAL COMMUNITY
4 Diversity in investment arbitration: balancing individual
and community legitimacy 33
Fernando Dias Simões
5 Gender, race, or both? The need for greater consideration
of intersectionality in international arbitration 48
Kabir A.N. Duggal and Rekha Rangachari
6 Diversifying the dominant demographics in international
arbitration – the how, the why and the (maybe) solution 66
D’Andra A. Johnson and Theominique D. Nottage
7 Sustainable diversity in international arbitration: the case
of ad hoc, maritime, and commodities trade arbitration 83
Eva Litina
8 Developing diversity within diversity discourse:
remembering non-lawyers in arbitration 101
Luke Nottage, Nobumichi Teramura and James Tanna
9 CETA – where are the women? Diffusing the
thought-terminating clichés that impeded diversity 119
Katherine Simpson and Anthony Marcum
10 Boosting diversity in international arbitration: lessons
from and for China? 135
Monika Prusinowska
11 Judicial capacity-building and sustainable diversity under
the Model Law 150
Anselmo Reyes
PART III DIVERSITY IN CULTURES AND STYLES OF
ARBITRATION
12 Arbitration and the diversity of constitutional cultures 168
Victor Ferreres Comella
13 Diversity of med-arb in international arbitration 182
Weixia Gu
14 I say discovery, you say disclosure. Evidence in
international arbitration 198
Alyssa S. King
15 Linguistic diversity in international investment arbitration 213
Ksenia Polonskaya
16 Challenging the arbitrariness perception of ex aequo et
bono to (re-)discover procedural diversity 229
Nobumichi Teramura
PART IV “SUSTAINABLE” ARBITRATION –
ENVIRONMENTAL ISSUES
17 The role of international arbitration in resolving climate
change related disputes: selected prospects and issues 243
Konrad J. Czech and Bartosz Soloch
18 Transparency in international arbitration as a catalyst to
combat climate change: is it time to embrace democratised
access to data in climate change related disputes? 258
Caroline Deves and Piotr Wilinski
19 Arbitration and climate change: sustainable and diverse
policy and practice 276
Lucy Greenwood
Index 289
