Dimla, Alfonso Miguel V.

11680717

The State of Equal Representation in Investment Arbitration: An

Update on Women’s Role in Alternative Dispute Resolution
I. Introduction

 How big is the gap between men and women arbitrators? ICSID’s role in
promoting women arbitrators
o Under a study on ICSID, a 2015 study found that only 44 out of 785 of the
arbitrators appointed in investment disputes by ICSID between 1979 and
2014 were women, accounting for 5.61% of the total appointments.

II. Background

 Survey Representation of Women’s role or lack thereof

o According to the ABA Commission on Women in the Profession, women
make up 45 percent of associates in law firms and roughly 25 percent of
partners. But a 2012 survey of 743 arbitrators and mediators by the ABA
Women in Dispute Resolution (WIDR) Committee found that women
represented only 18 percent of arbitrators.

 Diversifying Roles
o Women were clustered in family, labor, consumer, and smaller claims,
while men dominated construction, intellectual property, and complex
commercial matters.

 Shining a Light on Other Women

o It should be noted that out of these appointment, it was entirely that of
two women, Gabrielle Kaufmann-Kohler and Brigitte Stern, who together
captured 75% of appointments of women. In contrast, the two most
frequently appointed men accounted for 5% of the 593 appointments of
male arbitrators.

III. Current Landscape and Further Developments

 ICSID’s contribution for a larger role for women across investment

arbitration

o Presenting Realities
 ICSID regularly releases statistics on diversity-related indicators,
including the share of women appointed to ICSID tribunals, the
nationalities of appointees, and the percentage of first-time
appointments.
Dimla, Alfonso Miguel V.
11680717

o Gender Incorporation
 When there is a call to appoint an arbitrator, the ICSID always
includes at least one woman among the candidates it proposes in
a list or ballot compiled for the parties, and helping the number of
women ultimately appointed to tribunals and committees grow
each time.

o Showcase Capabilities
 The ICSID Review publishes case comments, notes and articles on
contemporary issues in international investment law and ISDS in
Spanish, English and French.

o Pushing to Position
 Women fill all types of positions, including legal assistants,
paralegals, counsel, financial officers, Deputy Secretary-General
and Secretary-General.