This is the first global empirical study of its kind
Ethnic diversity is inadequate in arbitration tribunals, according to findings from "The Study on Ethnic Diversity in International Arbitration" conducted by the International Bar Association's arbitration committee.
This is the first global empirical study concentrating on ethnic diversity in international arbitration. Sixty-eight percent of respondents described ethnic diversity in tribunals as "somewhat" or "very" lacking; just 2 percent indicated that arbitration panels were "very diverse."
Forty-nine percent said that ethnic diversity was "very important," and 89 percent indicated that showing some level of ethnic diversity enhanced an arbitration panel's perceived legitimacy.
The study presented three key action points to redress diversity imbalance:
According to Patricia Saiz, an IBA arbitration committee vice chair and former diversity and inclusion officer, the report is expected to bolster institutional awareness and accountability in relation to diversity in international arbitration.
"Well aligned with the IBA’s mission and our mandate within the arbitration committee, this project fosters a platform to tackle core issues within our community. After all, dialogue alone is not enough – but it is where progress begins," said Chiann Bao, IBA arbitration committee co-chair, in a statement.
Cortex Capital managing director Ula Cartwright-Finch spearheaded "The Study on Ethnic Diversity in International Arbitration." The study obtained input from respondents across 76 nationalities.
The research was funded by the IBA Special Projects Fund.
The UK's Arbitration Act 2025 has received Royal Assent, concluding a near-four year process to its implementation.
The Act will take effect across England, Northern Ireland, and Wales. It introduces a default rule to confirm that the law of the seat of the arbitration will be applied to arbitration agreements unless otherwise agreed upon by parties. Moreover, arbitrators must reveal circumstances that could impact their impartiality.
Moreover, the Act will contain a summary disposal rule allowing arbitrators to make an early determination in cases that have no real prospect of success, according to the IBA. The legislation also changes provisions related to an arbitration tribunal's jurisdiction and avenues for court interventions.
The Act will not apply to ongoing proceedings.
