DIVERSITY PROBLEM IN INTERNATIONAL ARBITRATION: PROBLEMS CAUSED BY A LACK OF DIVERSITY, REASONS FOR LACK OF DIVERSITY AND HOW IT BE FIXED

Abstract

This paper analysed the problems caused by lack of diversity in IA. It found that the absence of diversity in IA affects the perceived legitimacy of the system. This paper argued that ‘previous experience norm’ is the mega reason for lack of diversity in IA. It also examined and evaluated the ways of fixing the problem. It argued among others that institutionalising arbitral appointments would improve the problem of lack of diversity. In concluding, this paper agrees with Greenwood and Baker that the ultimate responsibility of making a significant change in ensuring a diverse arbitral tribunal rest on the parties making the appointment.1 Therefore, to fix the diversity problem in IA, it behoves all the IA participants (the parties, respondent-states, firms, institutions and arbitrators) to consider the importance of diversity and look beyond selecting the popular names when appointing arbitrators.