International Arbitration And Gender Diversity Crisis: A Paradigm Shift




P. Lavanya, B.A., B.L.(Hons), LLM. & Advocate, Madras High Court


ABSTRACT


In our modern era gender diversity becomes leading fact at international level and we need honor talented arbitration specialists and increase their appointments. The foremost objective of diversity is to get the worthy decision for a problem by analysing socio-political and cultural factors, by considering present realities from different perspective of the world. Unlike our old days, equal opportunities should be given to men and women in this arbitration fraternity as the arbitration contains different set of people such as different groups from different geographical and cultural areas, age variation, and gender too. To provide a fair and balanced decision for an issue which going to be raised before the arbitration, notion from all the perspective is much needed. Generally, men and women are totally differed from their life, thought, reaction, perceive, different appreciation, way of communication, etc. To have a gender balanced leadership with best solution for arbitration cases, unbiased gender diversity will be preferred in the sphere of international arbitration. Apart from race, color and gender, the most perfect way to appoint an efficient and competent arbitrator is to conduct 'Arbitration Intelligence Questionnaire' (AIQ) and test their critical analyzing capacity, without going through this ‘how come it would be fair and justice by having homogeneous arbitrators, when the parties are not homogeneous in sex or place or age or culture or background. For the achievement of this far-fetched mission, Equal Representation in Arbitration (ERA) Pledge 2015 should be followed strictly, appointment of the arbitrator should be held in transparent way and collective efforts from various persons should be put forward for progressive way such as parties, their counsel, arbitral institutions, corporate entities, states, academics, and members of arbitral tribunals.


Keywords: Diversity, International Arbitration, Gender, Specialist, Critical Analysis, Unbiased, Equal Representation.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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