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 books 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.
Recenzijas
Ali, Balcerzak, Colombo, and Karton have edited a unique tour-de-force of diversity issues ranging from personal identity to legal culture to environmental impact. The editors have compiled an impressive anthology of approaches to fostering diversity from a who's who of authors making an impact on the ground already in this space. This is a must-read book for any law firm lawyers, corporate counsel, organizational leaders, arbitration institution administrators, and concerned arbitrators looking for ways to increase the environmental, social, and governance (ESG) savviness of their organizations and independent practices. -- Victoria Sahani, Boston University, US Two generations ago, the international arbitration community comprised an arcane brotherhood a mafia of the pale, male and stale. [ O]ur own cultures are largely invisible to us; they are simply our common sense understandings of the world. The fascinating chapters in this book lift the veil on unconscious biases, demonstrating how inclusion is crucial to maintaining the legitimacy of arbitration today. I love it! -- Louise Barrington, Arbitrator, co-founder of ArbitralWomen and of Hong Kongs Vis East Moot
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viii | |
| Acknowledgement |
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PART I THEORETICAL INTRODUCTION |
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1 Introduction: reaching sustainable diversity in international arbitration |
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2 | (4) |
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2 Diversity in four dimensions |
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6 | (15) |
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3 Fluidity of culture: convergence and informed divergence in cross-border arbitration |
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21 | (12) |
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PART II DIVERSITY IN THE ARBITRAL COMMUNITY |
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4 Diversity in investment arbitration: balancing individual and community legitimacy |
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33 | (15) |
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5 Gender, race, or both? The need for greater consideration of intersectionality in international arbitration |
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48 | (18) |
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6 Diversifying the dominant demographics in international arbitration - the how, the why and the {maybe) solution |
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66 | (17) |
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7 Sustainable diversity in international arbitration: the case of ad hoc, maritime, and commodities trade arbitration |
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83 | (18) |
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8 Developing diversity within diversity discourse: remembering non-lawyers in arbitration |
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101 | (18) |
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9 CETA - where are the women? Diffusing the thought-terminating cliches that impeded diversity |
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119 | (16) |
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10 Boosting diversity in international arbitration: lessons from and for China? |
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135 | (15) |
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11 Judicial capacity-building and sustainable diversity under the Model Law |
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150 | (18) |
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PART III DIVERSITY IN CULTURES AND STYLES OF ARBITRATION |
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12 Arbitration and the diversity of constitutional cultures |
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168 | (14) |
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13 Diversity of med-arb in international arbitration |
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182 | (16) |
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14 I say discovery, you say disclosure. Evidence in international arbitration |
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198 | (15) |
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15 Linguistic diversity in international investment arbitration |
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213 | (16) |
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16 Challenging the arbitrariness perception of ex aequo et bono to (re-)discover procedural diversity |
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229 | (14) |
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PART IV "SUSTAINABLE" ARBITRATION - ENVIRONMENTAL ISSUES |
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17 The role of international arbitration in resolving climate change related disputes: selected prospects and issues |
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243 | (15) |
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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? |
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258 | (18) |
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19 Arbitration and climate change: sustainable and diverse policy and practice |
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276 | (13) |
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| Index |
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289 | |
Edited by Shahla F. Ali, Professor and Associate Dean (International) and Director, Program in Arbitration and Dispute Resolution, Faculty of Law, University of Hong Kong, Hong Kong, Filip Balcerzak, Associate Professor (Research), Adam Mickiewicz University in Pozna, Poland, Giorgio Fabio Colombo, Full Professor of Comparative Law, Department of Asian and North African Studies, Ca' Foscari University, Italy and Joshua Karton, Full Professor and Associate Dean, Faculty of Law, Queens University, Canada
