Lawyers and Non-Lawyers in International Arbitration: Discovering Diminishing Diversity

51 Pages Posted: 20 Sep 2021 Last revised: 2 Apr 2022

See all articles by Luke R. Nottage

Luke R. Nottage

The University of Sydney Law School; The University of Sydney - Australian Network for Japanese Law; University of Wollongong - Faculty of Law, Humanities and the Arts (LHA)

Nobumichi Teramura

University of Brunei Darussalam; The University of Sydney

James Tanna

affiliation not provided to SSRN

Date Written: September 20, 2021

Abstract

This paper highlights a curious lack of diversity within the proliferating discourse about the lack of diversity in international arbitration. There is hardly any awareness or at least sustained discussion about limited diversity of professional backgrounds, and more specifically the dominance nowadays of those with practising lawyer positions or primary careers, across the key groups and publication outlets for international arbitration. Yet this encroachment of lawyers was still being contested in the 1990s, as being linked to burgeoning costs and delays, and such “formalisation” has been re-emerging in recent years. Diversifying the world of international arbitration to involve more non-lawyers, including academics, could promote various other objectives too, as outlined in the introduction. This paper therefore analyses empirically the ways lawyers have come to dominate key nodes of influence within the world of international arbitration. Part I looks at key general associations or organisations promoting international arbitration, including their leadership and presenters at symposiums. Part II focuses on various arbitration centres globally, which actually administer cases. Part III examines contributions to some key arbitration journals, an influential book series, and a widely-read Blog. The conclusion reiterates that restoring more non-lawyers in the world of international arbitration should help not only to reduce formalisation and inefficiencies in international arbitration, but also have various other salutary effects, including potentially improving gender diversity.

Keywords: international arbitration, dispute resolution, legal profession, diversity, comparative law, sociology of law

JEL Classification: K10, K30, K33

Suggested Citation

Nottage, Luke R. and Teramura, Nobumichi and Tanna, James, Lawyers and Non-Lawyers in International Arbitration: Discovering Diminishing Diversity (September 20, 2021). Available at SSRN: https://ssrn.com/abstract=3926914 or http://dx.doi.org/10.2139/ssrn.3926914

Luke R. Nottage (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

The University of Sydney - Australian Network for Japanese Law

Room 640, Building F10, Eastern Avenue
Sydney, NSW 2006
Australia

University of Wollongong - Faculty of Law, Humanities and the Arts (LHA) ( email )

Fairymeadow, Northfields Ave
Building 19
Wollongong, New South Wales 2522
Australia

Nobumichi Teramura

University of Brunei Darussalam ( email )

Jalan Tungku Link
Gadong
Bandar Seri Begawan, BE1410
Brunei

HOME PAGE: http://https://ias.ubd.edu.bn/nobumichi-teramura/

The University of Sydney ( email )

Sydney
Australia

James Tanna

affiliation not provided to SSRN

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