The London Court of International Arbitration (“<span class="news-text_medium">LCIA</span>”) unveiled its new Equality, Diversity and Inclusion (“<span class="news-text_medium">EDI</span>”) Guidelines on 5 December 2024, marking a significant milestone in fostering inclusivity within international arbitration. These Guidelines, part of the LCIA’s broader EDI Initiative launched earlier in 2024, aim to embed EDI principles throughout the arbitral process, from the selection of arbitrators to the conduct of hearings.
The Guidelines substantiate the LCIA’s recognition that promoting EDI is not only a matter of fairness and impartiality but also critical to ensuring the quality and legitimacy of arbitration outcomes. As Kate Corby and Claire Morel de Westgaver, EDI Steering Group Champions, observed, “Promoting EDI in all aspects of arbitral proceedings significantly impacts users and future generations of practitioners”.
The Guidelines were developed through a collaborative process led by the LCIA’s EDI Officer, Jazzy Jasiulek, with input from senior arbitration professionals and practitioners from diverse jurisdictions. This initiative represents a culmination of the LCIA’s efforts under the stewardship of Director General Professor Dr. Jacomijn van Haersolte-van Hof, who has championed diversity in arbitration throughout her tenure. Reflecting on her decade of leadership, Professor Dr. van Haersolte-van Hof stated, “The publication of the Guidelines is the result of a collective effort, supported by a community of EDI champions and a cross-section of our users”.
The non-binding recommendations offer a flexible framework for integrating EDI principles into the arbitration process. Recognising the diversity of arbitration users and jurisdictions, the guidelines are adaptable to different needs and priorities. The recommendations address:
These guidelines aim to create a more inclusive arbitration environment by addressing systemic barriers and fostering a culture of fairness and representation.
The LCIA views the publication of the EDI Guidelines as a step toward evolving international arbitration into a more accessible and legitimate global dispute resolution mechanism. Duncan Matthews KC, a member of the LCIA Board, highlighted the Guidelines are “mindful of cultural differences and avoid assumptions about universal truths”, ensuring their applicability across a range of jurisdictions and practices.
The LCIA also emphasises the importance of feedback to refine and enhance the guidelines in future iterations. This feedback-driven approach reflects the organisation’s commitment to continuous improvement and engagement with the arbitration community.
The introduction of the EDI Guidelines sets a benchmark for inclusivity in arbitration, encouraging other institutions to adopt similar initiatives. By promoting best practices, the LCIA aims to enhance the legitimacy and effectiveness of arbitration as a preferred method for resolving cross-border disputes.
The guidelines are expected to influence arbitration practices globally, fostering greater inclusivity and ensuring diverse perspectives are represented in decision-making processes. They also align with broader industry efforts to address unconscious bias and promote fairness in international dispute resolution.
The LCIA’s launch of the EDI Guidelines represents a pivotal moment for the arbitration community, reflecting a commitment to equality, diversity and inclusion capable of shaping the future of international arbitration. These guidelines not only advance fairness and representation but also strengthen the legitimacy of arbitration as a global dispute resolution mechanism. As the LCIA continues its efforts to promote best practices, the EDI Guidelines serve as a model for institutions seeking to foster a more inclusive and equitable arbitration landscape
