An Empirical Analysis of Diversity in Investment Arbitration: the Good, the Bad and the Ugly
Article from: TDM 4 (2015), in Dealing with Diversity in International Arbitration
Abstract
The rise of investment arbitration has attracted heightened scrutiny of the individuals who sit on the tribunals. One criticism is that the arbitrators are drawn from a narrow pool of essentially male, elite, Western corporate lawyers. While the attacks are frequent, there has been few attempts to empirically study and quantify the issue. This article is based on the authors' original dataset and statistical analysis of the most frequently appointed arbitrators in investor-state disputes. The study has examined cases, with a total of 1,969 separate appointments. Of these, the authors have ...