Innovative solutions for an age-old issue: How transparency and data analytic tools can improve diversity in international arbitration

Abstract

International arbitration is an inherently diverse field. The disputing parties and their counsel come from all over the world, but the arbitrators selected by these same parties and their counsel rarely reflect their diverse backgrounds. Although the arbitration community largely supports diversity initiatives and the goal of making arbitral tribunals more reflective of the parties and the global community, the available studies that parties and their counsel continue to appoint a small number of repeat players to the tribunals. This paper traces the diversity deficiency to its roots in the lack of available information about diverse arbitrators and the cognitive biases that perpetuate the vicious cycle of repeat appointments. The paper then turns to potential solutions in the form of data analytic tools, that would collect, analyze and provide information on the case management and decision making of arbitrators.