The invisible stigmatisation of female practitioners in international arbitration

Abstract

AbstractThe paper is a study of the gender-based stigmatisation process of elite professionals in an international legal field. It uses commercial arbitration as an example of an international profession and adds to the prevalent understanding of gender inequality by developing a framework called ‘invisible stigmatisation’. The main theoretical framework is supported by twenty-two semi-structured interviews conducted across five international arbitration jurisdictions and two original datasets. These data have helped to contextualise the nuances of gender-based stigmatisation in prestigious arbitral appointments and at the echelons of international arbitration law firms. The paper establishes that the stigmatising experiences drive elite female professionals and their gender-equality consciousness. These experiences also lead to them devise innovative strategies to minimise the effects of gender inequality on their professional lives.