Gender Diversity In Arbitration: A Comparative Study Of Regional And International Arbitration

Hrishikesh B. M & Adora Mascarenhas, School of Law, CHRIST (Deemed to be) University

ABSTRACT

The field of arbitration, like many other legal fields, is a male dominated arena. The inclusion of women in various fields in the form of diversity is necessary. As mentioned above, gender diversity in this field is quite minimal which poses important questions as to why gender diversity in the field is important and the reasons for the lack of women in arbitration.

The research paper using different sources establishes the importance of gender diversity in arbitration. The gravity of the problem of lack of Gender Diversity and the reasons for the same have not been adequately researched using a region specific approach. The research paper aims to fill this vacuum by trying to understand the problem of lack of gender diversity in regional arbitration and compare the scenario with the same in International Arbitration.

This research paper mainly aims to highlight a comparative analysis of the domestic and international situation with respect to gender diversity in the field of arbitration and will aim to answer the research question through an analysis of the data collected from the reports of some prominent international arbitration centers.

As mentioned above, to furnish a comparative analysis between the regional and international situation, the report of International Council for Commercial Arbitration (ICCA), 2022 which helps us understand the importance of gender diversity in Arbitration and the situation in various important International Arbitration Centres. Apart from this, emphasis has been laid on various conventions such as Convention on Elimination of Discrimination against Women (CEDAW), Equal Representation in Arbitration (ERA) pledge and the report of Cross Institutional Task Force on Gender Diversity and Arbitral Proceedings along with the Sustainable Development Goals (SDG’s).

Preliminary research reflects that considering the fact that arbitration is a client driven process and an analysis of the responses given by the parties and female arbitrators, the inherent bias against women in the minds of the parties and the existence of discrimination on the basis of gender play a pivotal role in the lack of gender diversity and the researchers will try to provide some solutions to improve the current situation through the research.