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

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