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

Edited by: Shahla F. Ali, Filip Balcerzak, Adam Mickiewicz, Giorgio Fabio Colombo

ISBN13: 9781803920030
Published: November 2022
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £114.00



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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.

Subjects:
Arbitration and Alternative Dispute Resolution
Contents:
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