INTERNATIONAL COUNCIL FOR COMMERCIAL ARBITRATION REPORT OF THE CROSS-INSTITUTIONAL TASK FORCE ON GENDER DIVERSITY IN ARBITRAL APPOINTMENTS AND PROCEEDINGS THE ICCA REPORTS NO. 8 2020 ICCA is pleased to present the ICCA Reports series in the hope that these occasional papers, prepared by ICCA interest groups and project groups, will stimulate discussion and debate. INTERNATIONAL COUNCIL FOR COMMERCIAL ARBITRATION REPORT OF THE ASIL-ICCAINTERNATIONAL COUNCIL JOINT FOR TASK FORCE ON COMMERCIAL ARBITRATION ISSUE CONFLICTS IN INVESTOR-STATE ARBITRATION REPORT OF THE CROSS-INSTITUTIONAL TASKTHE FORCE ICCA ON REPORTS GENDER DIVERSITY NO. 3 IN ARBITRAL APPOINTMENTS AND PROCEEDINGS THE17 ICCA March REPORTS 2016 NO. 8 2020 with the assistance of the Permanentwith the Courtassistance of Arbitration of the PermanentPeace Palace, Court Theof Arbitration Hague Peace Palace, The Hague www.arbitration-icca.org www.arbitration-icca.org Published by the International Council for Commercial Arbitration <www.arbitration-icca.org>, on behalf of the Cross-Institutional Task Force on Gender Diversity in Arbitral Appointments and Proceedings ISBN 978-94-92405-20-3 All rights reserved. © 2020 International Council for Commercial Arbitration © International Council for Commercial Arbitration (ICCA). All rights reserved. ICCA and the Cross-Institutional Task Force on Gender Diversity in Arbitral Appointments and Proceedings wish to encourage the use of this Report for the promotion of diversity in arbitration. Accordingly, it is permitted to reproduce or copy this Report, provided that the Report is reproduced accurately, without alteration and in a non-misleading con- text, and provided that the authorship of the Cross-Institutional Task Force on Gender Diversity in Arbitral Appointments and Proceedings and ICCA’s copyright are clearly acknowledged. For further information, please contact us at [email protected]. Task Force Members Chair Carolyn B. Lamm (ICCA Diversity and Inclusiveness Committee; White & Case LLP) Task Force Members Louise Barrington (ArbitralWomen) Anna Kaehlbrandt (DIS) Julie Bédard (IBA) Wendy J. Miles QC (Twenty Essex Chambers) Lisa Bingham (ICCA) Sylvia Noury (ERA Pledge; Lise Bosman (ICCA) Freshfields Bruckhaus Deringer LLP) Alice Fremuth-Wolf (VIAC) Nicola Peart (Three Crowns LLP) Valeria Galíndez (IBA Arbitration Mirèze Philippe (ICC) Committee; Galíndez arb) Ramya Ramachanderan Sarah Grimmer (HKIAC) Miroslava Schierholz (ICDR) Jacomijn van Haersolte-van Hof (LCIA) Patricia Shaughnessy (SCC) Jennifer Ivers (White & Case LLP) Ana Stanič Meg Kinnear (ICSID) Stacie I. Strong (University of Sydney) Roberta D. Liebenberg (ABA) Aviva Will (Burford Capital) Noiana Marigo (ERA Pledge; Freshfields Bruckhaus Deringer LLP) This Report is the result of the collective efforts of the Task Force. Unless otherwise indicated, the views expressed are not attributable to any particular Member or their employer. v Foreword Gabrielle Kaufmann-Kohler, Immediate Past ICCA President Lucy Reed, ICCA President and Independent Arbitrator with Arbitration Chambers We are delighted for the International Council for Commercial Arbitration (“ICCA”) to be publishing the Report of the Cross-Institutional Task Force on Gender Diversity in Arbitral Appointments and Proceedings. There is much valuable data and analysis and many concrete recommendations to be found in these pages. At the core of ICCA’s man- date is a commitment to improving arbitration and promoting its use by a diverse range of individuals and private and public entities. This mandate requires us to promote the diversity of members of the arbitration community, including decision-makers. Within ICCA itself, we have taken steps to improve diversity through the work of the Diversity and Inclusiveness Committee, led by Vera van Houtte. We have a firm policy of ensur- ing gender equality within ICCA’s Executive Body, Governing Board and Young ICCA leadership. An obvious next step was for ICCA to join the Cross-Institutional Task Force on Gender Diversity in Arbitral Appointments and Proceedings, chaired by Carolyn Lamm, a member of ICCA’s Governing Board and Diversity and Inclusiveness Committee. Building on the momentum generated by ArbitralWomen and the Equal Representation in Arbitration Pledge, the Task Force has grown to include major international arbitral institutions and organizations, which share the commitment to improving gender diver- sity in international arbitration. Diversity is a multifaceted and intersectional issue, and the work of the Task Force – including this Report – reflects progress in the representation and inclusion of women in our international arbitration community. There is, of course, much still to be done. Carolyn B. Lamm, ICCA Diversity and Inclusiveness Committee and Partner at White & Case Over the past several years, various industries have undertaken efforts to examine more deeply the barriers to equal representation and equal treatment that women face in their respective fields. Building on these efforts, including those already underway in the legal profession and in international arbitration (e.g., the important work of ArbitralWomen, the Equal Representation in Arbitration Pledge, and others), each of the arbitral institu- tions globally (the German Arbitration Institute, the Hong Kong International Arbitration Centre, the International Centre for Settlement of Investment Disputes, the International Chamber of Commerce International Court of Arbitration, the International Centre for Dispute Resolution, the London Court of International Arbitration, the Stockholm Cham- ber of Commerce, and the Vienna International Arbitration Centre), the International Bar vii THE ICCA REPORTS Association and American Bar Association, with substantial support from ICCA joined together in the Cross-Institutional Task Force on Gender Diversity to compile the actual statistics and to conduct heightened scrutiny of the current state of gender diversity and discrimination in international arbitration. ICCA is devoted to improving the processes of international arbitration. Its Inclu- siveness Committee promoted, and ICCA adopted, a policy to reinforce values of diver- sity and inclusion in international dispute resolution. ICCA also provided strong support for the work of the Cross-Institutional Task Force, as did each of the international arbitral institutions. Significant work was contributed by the sustained analytical and drafting efforts of lawyers Nicola Peart, Ramya Ramachanderan, and Jennifer Ivers, and law firms White & Case LLP and Three Crowns LLP. We are grateful also to Lucy Green- wood, whose past efforts to collect data on gender diversity in arbitral appointments are reflected in our analysis, as well as the multiple female arbitrators from around the world who generously agreed to provide their insights and advice on how female candidates might secure future arbitral appointments. We hope their words will inspire readers at all stages of their careers in international arbitration. Indeed, we were inspired to do something positive following the OGEMID debate hosted by Sophie Nappert regarding the “Me Too” issues in international arbitration. These and other contributions of data, analysis, and related efforts have been invaluable to our project, with which we can make a positive difference. Informed by recent public exchanges, the Task Force has applied a close scrutiny to the international arbitration community’s current efforts, explained the importance of promoting women, and encouraged institutions, law firms, and other organizations to provide the requisite skills and opportunities to open doors for women in all aspects of international arbitration. Improved gender diversity, in turn, will benefit the field itself by enhancing the legitimacy, balance, and confidence in the outcomes of the arbitral process. As part of this effort, the Task Force drafted this Report, which seeks to identify, distill, and assess existing approaches to promoting equal representation of women in international dispute resolution. We examined the data and the trends to analyze existing efforts as a specialized segment of the global legal profession and to create a vision for how we can move forward. Importantly, the Report applauds the progress made by the many efforts to date, and also provides concrete steps and suggestions to improve gender diversity on arbitral tribunals and among participants in the process. The Report serves an important start to making the changes necessary to achieve equality and inclusion in the international arbitration community. I extend my sincere thanks to my colleagues on the Task Force, a group of talented individuals working to improve gender diversity within the arbitration community. The most extraordinary feature of the Report is all of the work to produce it was volun- teer/“pro bono” – without budget or staff – we each contributed hundreds of hours (per- haps Nicola and Ramya thousands) to make a difference on an issue of great importance viii GENDER DIVERSITY IN ARBITRAL APPOINTMENTS AND PROCEEDINGS to the future of international dispute resolution. Thank you to the many individuals, law firms, litigation funders, and arbitral institutions who contributed to the content of the Report, including in particular ICCA, White & Case LLP, Three Crowns LLP, and Burford Capital. Your efforts and support are greatly appreciated and will assist in the improvement of our world. ix Table of Contents Task Force Members v Foreword vii PART