The lack of gender and racial diversity, specifically in the makeup of arbitral tribunals, has been a topic of much discourse within the community, and through significant efforts by a number of initiatives, there recently have been major strides in increasing diversity in arbitrator appointments. Among other trends, many leading institutions are close to achieving gender parity in their own appointments. For example, in 2020, VIAC appointed 63% women arbitrators, followed by the DIS at 54%, the SCC at 47%, and the LCIA at 45%.

Among counsel who represent parties in arbitration, however, the numbers are less promising. There has historically been poor retention and promotion of women and diverse attorneys in the legal profession, and this problem holds true in many arbitration practices. For example, in 2019, the partnerships of GAR 30 top arbitration law firms worldwide were just 17.6% female, on average. While the percentage of racially diverse lawyers in major arbitration practices is hard to come by, the numbers are likely even smaller, considering that in the broader legal profession, racial minorities make up only 10.9% of partners at major U.S. law firms and about 8% of UK-based partners at elite British firms.

Greater diversity in arbitration allows parties to benefit from different perspectives gleaned from wider social and cultural context and must encompass all participants in the arbitral process. Current efforts, which have largely focused on the composition of arbitral tribunals, should be complemented by efforts to improve diversity among counsel. Clients, as the users of arbitration and buyers of legal services, can play a catalytic role in advancing progress by incentivizing outside counsel to give women and racially diverse attorneys key responsibilities on significant arbitration matters.