The Pervasion of Patriarchy in the Life Cycle of Arbitration - A Feminist Critique
Article from: TDM 4 (2015), in Dealing with Diversity in International Arbitration
Arbitration including its process and applicable laws is ignored in the feminist discourse. Usually, this is because there is no explicit reference to gender issues or a 'visible' impact on the marginalised sections of the society. However, in this essay I hypothesize that such systemic domination of the 'male', as is prevalent in law, is furthered albeit on subliminal levels by arbitral law and processes. Arbitration is a mode of dispute settlement which is designed to exclude the jurisdiction of the Courts and therefore the court systems in a bid to get rid of the shackles formal legal ...