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Diversity in International Arbitration

Why it Matters and How to Sustain It

9781803920030 Edward Elgar Publishing
Edited by Shahla F. Ali, Professor and Associate Dean (International) and Director, Program in Arbitration and Dispute Resolution, Faculty of Law, University of Hong Kong, Hong Kong, Filip Balcerzak, Associate Professor (Research), Adam Mickiewicz University in Poznań, Poland, Giorgio Fabio Colombo, Professor, Graduate School of Law, Nagoya University, Japan and Joshua Karton, Associate Professor and Associate Dean, Faculty of Law, Queen’s University, Canada
Publication Date: November 2022 ISBN: 978 1 80392 003 0 Extent: c 328 pp
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.

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Critical Acclaim
Contributors
Contents
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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.
Critical Acclaim
‘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 include: 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 13
Giorgio Fabio Colombo, Shahla F. Ali, Filip Balcerzak, Joshua Karton
2 Diversity in four dimensions 17
Joshua Karton
3 Fluidity of culture: convergence and informed divergence
in cross-border arbitration 32
Shahla F. Ali

PART II DIVERSITY IN THE ARBITRAL COMMUNITY
4 Diversity in investment arbitration: balancing individual
and community legitimacy 44
Fernando Dias Somões
5 Gender, race, or both? The need for greater consideration
of intersectionality in international arbitration 59
Kabir A.N. Duggal and Rekha Rangachari
6 Diversifying the dominant demographics in international
arbitration – the how, the why and the (maybe) solution 77
D’Andra A. Johnson and Theominique D. Nottage
7 Sustainable diversity in international arbitration: the case
of ad hoc, maritime, and commodities trade arbitration 94
Eva Litina
8 Developing diversity within diversity discourse:
remembering non-lawyers in arbitration 111
Luke Nottage, Nobumichi Teramura and James Tanna
9 CETA – where are the women? Diffusing the
thought-terminating clichés that impeded diversity 129
Katherine Simpson and Anthony Marcum
10 Boosting diversity in international arbitration: lessons from
and for China? 145
Monika Prusinowska
11 Judicial capacity-building and sustainable diversity under
the Model Law 160
Anselmo Reyes

PART III DIVERSITY IN CULTURES AND STYLES OF
ARBITRATION
12 Arbitration and the diversity of constitutional cultures 178
Victor Ferreres Comella
13 Diversity of med-arb in international arbitration 192
Weixia Gu
14 I say discovery, you say disclosure. Evidence in
international arbitration 208
Alyssa S. King
15 Linguistic diversity in international investment arbitration 223
Ksenia Polonskaya
16 Challenging the arbitrariness perception of ex aequo et
bono to (re-)discover procedural diversity 239
Nobumichi Teramura

PART IV “SUSTAINABLE” ARBITRATION –
ENVIRONMENTAL ISSUES
17 The role of international arbitration in resolving climate
change related disputes: selected prospects and issues 253
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? 268
Caroline Deves and Piotr Wilinski
19 Arbitration and climate change: sustainable and diverse
policy and practice 287
Lucy Greenwood

Index
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