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This document is part of the ICC Dispute Resolution Library.
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Publisher: Image of Publisher which is The International Chamber of Commerce (ICC DRL)
Type: Books
Publication Date: 24 October 2022
Language: English
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Confronting implicit bias effectively, the end justifies the means

55.

A means can be justified only by its end. But the end in turn needs to be justified... the end is justified if it leads to increasing the power of humanity over nature and to the abolition of the power of one person over another.

—Leon Trostky, Their Morals and Ours—the Class Foundation of Moral practice, Pathfinder, NY, 1973, at 60.

For those who personally know Alexis Mourre, and those who attended the IBA Arb40 event during the IBA Arbitration Day in Paris in 2014 when he was the outgoing co-chair of the IBA Arbitration Committee, deriving part of the opinions in the present contribution from the thoughts of Leon Trotsky will not come as a surprise. The end and the means of confronting implicit bias will be the driving force behind the present contribution.

When one will remember the impact Alexis Mourre has had on the ICC Arbitration Rules, the ICC arbitration practice, the ICC Court and the various policies put in place, many actions, many ends, will necessarily spring to mind: (i) amendments of the ICC Rules to further improve their efficiency (e.g. expedited procedure, reduction of arbitrator’s fees due to delays or reduction of the timeframe to issue the terms of reference), (ii) improved transparency (of tribunal appointments and of arbitral awards) or (iii) ensuring equal representation for the members of the ICC Court as well as for the appointments of arbitral tribunals by such Court. And this is just to name a few.

Indeed, in his inaugural speech as President of the Court, Alexis indicated that:

Although the arbitration world is more globalized and diversified than ever, the arbitration community remains to a large extent a western and closed group, with few young arbitrators and even fewer women. This has to change. We have an absolute duty to promote a new generation of arbitrators, with greater regional, cultural, and gender diversity.

Diversity must be the weapo

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