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Low number of female arbitrators linked to less connections

Female experts in arbitration and alternative dispute resolution attend a panel discussing during the African Women in Arbitration Symposium in Kampala on October 8, 2024. PHOTO/BUSEIN SAMILU 

What you need to know:

  • The 2023 International Criminal Court (ICC) Preliminary Arbitration and Alternative Dispute Resolution (ADR) statistics indicate that 269 of the 935 individual arbitrators who were appointed from 89 jurisdictions were women.

High costs of studying arbitration courses, fierce competition by men and fewer connections to qualified professions have been named as the major factors hindering more women from joining the sector.

Speaking at this year’s African Women Arbitration Symposium in Kampala on October 8, female arbitrators, under their umbrella African Women in Arbitration, said the low uptake of this career by ladies is leading to an increase in the case backlog.

“The numbers are not that bad because we are now 60:40 in terms of men to women arbitrators but again we need this number to grow so that we achieve a gender parity,” African Women in Arbitration executive director Edith Twinamatsiko said.

The female arbitrators also highlighted lack of supportive data due to the private nature of arbitration, making it even harder for women to break in.

Tanzania Institute of Arbitrators President Madeline Kimei said parties tend to mostly appoint men on arbitration panels, while overlooking women thinking that they are less experienced.

She implored women to be consistent and persistent in breaking through societal barriers in addition to vocalizing their ambitions and taking up mentorship opportunities.

Supreme Court justice Monica Mugenyi used her remarks to shed light on the importance of diversity, emphasizing “need to enact laws that are intentional about fostering gender diversity.”

The 2023 International Criminal Court (ICC) Preliminary Arbitration and Alternative Dispute Resolution (ADR) statistics indicate that 269 of the 935 individual arbitrators who were appointed from 89 jurisdictions were women.

Relatedly, the 48 percent of arbitrators that were appointed by the London Court of International Arbitration (LCIA Court) in 2023 were female, according to the LCIA report. This the report said are up from 45 percent who were registered in 2022.

The hybrid symposium was organised by the African Women in Arbitration under the theme: Advancing International Arbitration in Africa: Securing African Seats and Promoting Diversity in Appointments

Speaking at the symposium, Ms Chizaram Mbah, a senior associate from Nigeria, said there is a need to grow in Africa while International Law Development country director Barbara Kilei said political stability, neutrality and legal frameworks of a country play a significant role in determining where international cases are heard.

In her remarks via Zoom, the

Africa Director for International Criminal Court of Arbitration in charge of Arbitration and Alternative Dispute Resolution (ADR), Diamana Diawara, called on stakeholders on continental stakeholders to use leadership in shaping the narrative around international arbitration.