Talkin’ ‘Bout My GENDERation
The Effect of Gender on Arbitral Representation
Amy E. Allen
Abstract
Gender bias is rampant in all industries, and the world of arbitration is no exception. For decades, members of the field of arbitration have debated the suitability of women as arbitrators. This led to a broader discussion regarding different styles of arbitration, how or if these styles are related to the gender of the arbitrator, and whether one arbitration style is more effective than others. This paper begins with a brief assessment of the history of arbitration, as well as a more focused overview of the history of women in arbitration. Next, the paper questions the reasons for gender disparity in the field of arbitration and reviews current initiatives designed to ameliorate this disparity. The work moves on to investigate the perceived differences between male and female arbitrators, the biases displayed particularly by male arbitrators, any documented differences between male and female arbitrators, and the reasons for these differences. The research in this paper leads to the conclusion that female arbitrators are the equals of their male colleagues in every way and determines that diversity in arbitration has additional benefits that extend beyond equality.