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Diversity in International Arbitration: Why it Matters and How to Sustain It

Diversity in International Arbitration: Why it Matters and How to Sustain It

Author: Shahla F. Ali; Filip Balcerzak; Adam Mickiewicz; Giorgio Fabio Colombo
Publisher: Edward Elgar Publishing
ISBN: 9781803920030
Published In: November 2022
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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After decades of focus on harmonization, which for too many represents no more than Western legal dominance and a largely homogeneous arbitration practitioner community, this ground-breaking book explores the increasing attention being paid to the need for greater diversity in the international arbitration ecosystem. It examines diversity in all its forms, investigating how best to develop an international arbitral order that is not just tolerant of diversity, but that sustains and promotes diversity in concert with harmonized practices.

Offering a wide range of viewpoints from a diverse and inclusive group of authors, Diversity in International Arbitration is a comprehensive and insightful resource on a controversial, fast-moving subject. Chapters present arguments from practitioner, academic, institutional and governmental perspectives that identify the underlying issues and address the various ways in which the goal of diversity, whether demographic, legal, cultural, professional, linguistic, or philosophical, can be reached.

This book’s analysis of the contemporary state of diversity in international arbitration will be a crucial read for researchers in the field. Practitioners and policy makers will also find its discussion of best practices and innovative initiatives for enhancing diversity to be invaluable.

PART I. THEORETICAL INTRODUCTION

1. Introduction: reaching sustainable diversity in international arbitration

Giorgio Fabio Colombo, Shahla F. Ali, Filip Balcerzak, Joshua Karton

2. Diversity in four dimensions

Joshua Karton

3. Fluidity of culture: convergence and informed divergence in cross-border arbitration

Shahla F. Ali

PART II. DIVERSITY IN THE ARBITRAL COMMUNITY

4. Diversity in investment arbitration: balancing individual and community legitimacy

Fernando Dias Somões

5. Gender, race, or both? The need for greater consideration of intersectionality in international arbitration

Kabir A.N. Duggal and Rekha Rangachari

6. Diversifying the dominant demographics in international arbitration – the how, the why and the (maybe) solution

D’Andra A. Johnson and Theominique D. Nottage

7. Sustainable diversity in international arbitration: the case of ad hoc, maritime, and commodities trade arbitration

Eva Litina

8. Developing diversity within diversity discourse: remembering non-lawyers in arbitration

Luke Nottage, Nobumichi Teramura and James Tanna

9. CETA – where are the women? Diffusing the thought-terminating clichés that impeded diversity

Katherine Simpson and Anthony Marcum

10. Boosting diversity in international arbitration: lessons from and for China?

Monika Prusinowska

11. Judicial capacity-building and sustainable diversity under the Model Law

Anselmo Reyes

PART III. DIVERSITY IN CULTURES AND STYLES OF ARBITRATION

12. Arbitration and the diversity of constitutional cultures

Victor Ferreres Comella

13. Diversity of med-arb in international arbitration

Weixia Gu

14. I say discovery, you say disclosure. Evidence in international arbitration 208

Alyssa S. King

15.

Linguistic diversity in international investment arbitration

Ksenia Polonskaya

16.. Challenging the arbitrariness perception of ex aequo et bono to (re-)discover procedural diversity

Nobumichi Teramura

PART IV. “SUSTAINABLE” ARBITRATION – ENVIRONMENTAL ISSUES

17. The role of international arbitration in resolving climate change related disputes: selected prospects and issues

Konrad J. Czech and Bartosz Soloch

18. Transparency in international arbitration as a catalyst to combat climate change: is it time to embrace democratised access to data in climate change related disputes?

Caroline Deves and Piotr Wilinski

19. Arbitration and climate change: sustainable and diverse policy and practice

Lucy Greenwood

Index