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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
Table of content

Towards a diverse future: why is diversity imperative?

1. Introduction

23.

1. In the 21st century, as equality of opportunity, freedom from prejudices, and non-discrimination increasingly become guiding values, it is imperative that these values also guide the manner in which we resolve disputes. Concerning resolving disputes through arbitration, in particular, creativity and innovation in relation to diversity are critical so that arbitration remains in sync with the rest of the world to ensure the longevity of arbitration as an effective means of dispute resolution.

2. Promoting diversity is the first step towards true inclusion. It is necessary to ensure that businesses and international trade benefit from a variety of people from disparate cultures and backgrounds with the balance of voices and the diversity of thought that they need. While institutions have adopted a variety of measures to promote diversity, the road towards achieving true diversity and inclusion is a long one and these measures only constitute initial steps.

3. This paper sheds light on the various categories of diversity. It then highlights why pursuing diversity in arbitral proceedings is imperative and in doing so attempts to address arguments according to which diversity should only be a peripheral goal for arbitral tribunals. It proceeds to discuss the various impediments to diversity and eventually concludes by arguing that the very survival and longevity of the global arbitration regime depends on how effectively it will pursue diversity.

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