Paris Arbitration Week Recap

THE AUTHOR:
Anaïs Leray, Attorney at law (New-York, Paris)

THE EDITOR:
Munia El Harti Alonso, Counsel at Ius + Aequitas Trial Lawyers and Lecturer at la Universidad Complutense de Madrid

At the 8th Edition of the Paris Arbitration Week (“PAW”), held from 7 to 11 April 2025, the panel ‘Behind the Curtains of Appointments in Arbitration: Who decides, How, and Why It Matters’, hosted by Woman in a Legal World (“WLM”), spotlighted critical discussions about diversity in arbitrator appointments. This article recaps the key insights, emphasizing that diversity, particularly gender representation, is not merely a matter of optics: it is foundational to the integrity and effectiveness of arbitration.

Moderated by Aurélie Arenal de la Roca-Huet (BPL Avocats) the discussion addressed the urgent need to promote gender equality in international arbitration, particularly at a time when Diversity, Equity and Inclusion (“DEI”) principles are being questioned, challenged or even dismantled in some jurisdictions. Bringing together leading voices across arbitration, the panel, composed of Alvaro Galindo (Arbitrator, Georgetown University Law Center), Catalina Echeverri Gallego (Wordstone Dispute Resolution), Juliette Fortin (FTI Consulting); Hafez Virjee (Delos Dispute Resolution), Pedro Arcoverde (AIRBUS) and Munia El Harti Alonso (Ius + Aequitas Trial Lawyers), thoughtfully and collectively explored the structural, institutional, and cultural barriers faced in appointments.

Representation and Legitimacy in Arbitration

The panel highlighted a common theme: diversity is not only about fairness, it enhances the arbitration process itself. As Catalina Echeverri Gallegonoted, more diverse groups are better at processing information and are more likely to avoid group thinking and confirmation bias because of their higher threshold of scrutiny of the information. Yet, structural and cultural inequalities remain entrenched and deeply rooted. Renowned arbitrators we encounter today often come from generations and cultural contexts shaped by outdated and stereotyped gender norms, which can unconsciously influence their judgments and result in unconscious bias.

Munia El Harti Alonso added to the matter by pointing out that although awareness has grown, meaningful effort and progress are still needed. Women remain underrepresented in appointments, and the topic is far from being resolved, needing particular attention. While international arbitration presents itself as open and global, systemic barriers persist — often subtly, but powerfully.

Representation plays a key role in how parties and professionals engage with arbitration. Juliette Fortin emphasized the need for visible diversity for women (or minorities) to feel represented and taken into consideration/reflected in decision-making spaces.

Pedro Arcoverdefurther framed diversity as essential for the legitimacy of arbitration, arguing that diverse tribunals better reflect the community they serve, thereby enhancing the parties’ trust in the process. From a corporate perspective, global companies often have an established panel of law firms to reach out to. However, companies are increasingly willing to look beyond these lists to find a team that mirrors their own values and identities: a diverse team will, more often than not, seek representation that mirrors their own diversity, whether in gender, ethnicity, or generation.

Building a Career in Arbitration: Challenges and Opportunities

Securing a first appointment as an arbitrator remains one of the biggest hurdles, particularly for women.

Profile Building

Munia El Harti Alonsoprovided valuable insight into building visibility and credibility early on in one’s career. While legal expertise is essential as an attorney, being aware of your strengths, particularities, and how stakeholders perceive them is equally important for building your profile. Profile building can be pursued in multiple ways:

Internal firm mentorship and sponsorship;
Client exposure;
Registration with institutional arbitrator lists (e.g. national institutions, ICC);
Counsel work;
Independent secretary; or even
Shadowing experienced arbitrators.

Juliette FortinechoedMunia El Harti Alonso’s suggestionsand added that co-appointments with seasoned experts are a strategic way to build a track record, gain experience, and ultimately, increase visibility.

Both agreed that being authentic rather than emulating others was the most effective way to secure an opportunity. The key is to understand how various stakeholders perceive your profile and how to position yourself to be visible to them while keeping your own originality.

Intentionality in Overcoming Traditional Patterns

One of the clearest calls to action came in the form of institutional accountability. Havez Virjee highlighted the impact institutions can have by consciously diversifying their lists of arbitrators.

Research, including the ICCA reports on the Cross-Institutional Task Force on Gender Diversity in Arbitral Appointments and Proceedings (which gathers data and statistics on women’s representation in arbitration and their respective appointments), has demonstrated that in recent years, progress has been made. Yet, institutions still face challenges. As Hafez Virjee explained, many first-time arbitrators are appointed to smaller-value cases to build experience, where they are often overqualified. While it is a cautious strategy intended to “set the arbitrator for success”, it also reflects a wider reluctance to take risks on emerging talents. He remarked that research also demonstrates that when at least 30% of diverse candidates are included in appointment lists, it becomes more difficult for decision-makers to overlook them. Having such a representation in institutions is a necessity, not only because it gives the parties a choice, but also because it is their duty to highlight underrepresented professionals.

Therefore, while arbitral institutions are leading the way in appointing more women as arbitrators, they are leaving room for parties and stakeholders to play a more active role in this regard. As Alvaro Galindopointed out, the discussion of appointing the president of the tribunal begins with the co-arbitrators seeking the best profile for the dispute at hand. In his view (and from his personal experience), having women arbitrators on the tribunal has a tangible impact. Diversity — not only aiding the decision-making process with enriched deliberations and effective case management — also drives the development of arbitration and international law. As it elevates the conversation on sensitive matters, it can also ultimately influence regulations and policies.

The discussion also addressed how decisions (i.e., appointments) are made once lists are presented to clients. While law firms may commit to pledges promoting gender diversity, Catalina Echeverri Gallegopointed out that it is often clients who make the final call, hence “shifting” the burden to appoint women. She noted that women are frequently overlooked simply because they have fewer prior appointments, reinforcing a self-perpetuating cycle (i.e. a larger pool of men appointed as arbitrators compared to women). Highlighting the pervasive nature of unconscious bias, she recalled never encountering a client requesting an all-women arbitrator list or rejecting a list composed entirely of men, even when the team itself was led by a woman.

Building from the panelists’ insights, it is clear that institutions, arbitrators, and counsel all have a direct and active role in shaping diversity by deliberately considering diverse profiles in appointments. Hence, driving meaningful change in overcoming traditional patterns starts with the stakeholders themselves.

Conclusion

Alvaro Galindo made a striking observation: just as chilling effects exist in arbitration, a similar dynamic is emerging in the realm of diversity and inclusion. This panel served as a timely and necessary reminder that diversity in arbitration is not a peripheral issue: it is central to the legitimacy, effectiveness, and fairness of the process. While the conversation often begins with gender equality, true diversity also includes ethnicity, generation, socioeconomic background, and legal traditions.

Ensuring a more representative arbitration community means not only removing the barriers to entry but also actively creating pathways for those historically excluded. It is a multifaceted issue that deserves to be at the forefront of discussion: diverse tribunals will lead to more nuanced deliberations, better decision-making, and a profession that better reflects the world we live in. The arbitration community — including institutions, counsels, clients, experts, and arbitrators alike — must recognize that representation is not just symbolic; it is essential.

ABOUT THE AUTHOR

Anaïs Leray graduated from Georgetown University Law Center with an LL.M. in International Legal Studies, coupled with a Certificate in International Arbitration. She holds law degrees from the University of Quebec in Montreal (UQÁM) and Aix-Marseille University, as well as a Master’s degree in International Arbitration and International Business Law (MACI) from Paris-Saclay University. Anaïs is a registered member of the New York Bar Association and is awaiting swearing in for the Paris Bar.

*The views and opinions expressed by authors are theirs and do not necessarily reflect those of their organizations, employers, or Daily Jus, Jus Mundi, or Jus Connect.