Gender and International Commercial Arbitrators: Contributions to Sex Discrimination in Appointments

12 (4) TDM Transnational Dispute Management.

29 Pages Posted: 6 Jul 2015

See all articles by Dalma Demeter

Dalma Demeter

University of Canberra - School of Law

Patricia L. Easteal

University of Canberra - School of Law and Justice

Noni Nelson

Independent

Date Written: June 1, 2015

Abstract

In this paper, we look at gender differences in communication and negotiation in general and in judging and mediation specifically. We then examine the tasks and skills involved in international commercial arbitration and identify potential gender differences in the style and reasoning in arbitration and how either the differences, or the perception of them could contribute to sex discrimination in appointment. We theorise how this is a likely effect of the invisible gender biases through which the role of a private binding decision-maker is seen. We conclude by suggesting an alternative model that celebrates diversity.

Keywords: gender and international commercial arbitration; gender diversity and arbitration; sex discrimination and international commercial arbitration

JEL Classification: K40, K49

Suggested Citation

Demeter, Dalma and Easteal, Patricia L. and Nelson, Noni, Gender and International Commercial Arbitrators: Contributions to Sex Discrimination in Appointments (June 1, 2015). 12 (4) TDM Transnational Dispute Management. . Available at SSRN: https://ssrn.com/abstract=2627012

Dalma Demeter

University of Canberra - School of Law ( email )

Australia

Patricia L. Easteal (Contact Author)

University of Canberra - School of Law and Justice ( email )

Australia

Noni Nelson

Independent ( email )

No Address Available

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