diversity

The Need for Ethnic and Gender Diversity Among Arbitrators

The Need for Ethnic and Gender Diversity Among Arbitrators

“I got 99 problems and arbitration panel diversity is one!” This is what famous rapper Jay-Z probably felt like changing his song lyrics to when he experienced, first-hand, the lack of diversity amongst arbitrators in the arbitration system. Jay-Z had a dispute that arose out of a deal previously made, which had a mandatory arbitration agreement forcing parties to settle the dispute in arbitration with the service provider AAA to facilitate the arbitration. When it came time to select 3 arbitrators, out of a 200-name list, only 3 names were considered people of color, and one of them had a conflict of interest making them ineligible to sit on the neutral panel. It is not a true choice if there are not enough diverse arbitrators to choose from and it is important to recognize the possible affect that a lack of diverse arbitrators sitting on a neutral panel can have on a binding decision, which is why tacking the issue of diversity among arbitrators is essential.