Document Type

Article

Publication Date

6-2026

Abstract

This paper examines gender inequality within the international arbitral ecosystem and proposes a diagnostic framework for understanding its persistent, multilayered nature. It does so on the basis that gender responsiveness is central to the legitimacy of international arbitration, given its role in global governance and its reliance on perceived neutrality and representativeness. Part I maps the current landscape of gender representation, showing that despite increasing awareness and institutional initiatives, women remain significantly underrepresented, particularly in party appointed and co-arbitrator roles. It highlights persistent structural patterns, including reliance on a narrow repeat pool of arbitrators and uneven progress across appointment types and institutions. Part II argues that existing literature is insufficient because it treats explanations in isolation. It contends that gender inequality emerges from the interaction, or non-interaction, of three levels – state, institutional, and arbitral community. As a result, institutional reform alone is inadequate, and meaningful progress requires coordinated multi-level responses. Part III proposes the Gender in Arbitration Diagnostic Framework (GADF) as a tool to address this gap. By conceptualizing international arbitration as a multilayered ecosystem, it provides a diagnostic framework enabling actors to situate themselves within the system and to analyze how state-level conditions, institutional mechanisms, and community dynamics interact to produce gender outcomes and generate tailored solutions. The paper concludes that meaningful gender responsiveness requires moving beyond one dimensional reform strategies toward structural transformation across the ecosystem, an analysis that can be undertaken using the GADF. Responsibility is therefore distributed across all actors, with the normative aim of developing a more legitimate and representative arbitral system that better reflects its diverse users.

Comments

This paper tied for first place in Cornell Law Library's 2026 Cantwell competition for exemplary student research, recognizing exceptional student papers for their innovative ideas, intellectual depth, and rigorous research.

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