The Effect of Repeat Appointment and Double-Hatting on Diversity and Formation of Monopoly in International Arbitrations

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Farsi Maryam; Oloumi Yazdi Hamid Reza

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Journal Paper

Paper Information

Journal: INTERNATIONAL LAW REVIEW Year:2024 | Volume:41 | Issue:75 Page(s): 127-146

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Information Journal Paper

Title

The Effect of Repeat Appointment and Double-Hatting on Diversity and Formation of Monopoly in International Arbitrations

Author(s)

Farsi Maryam | Oloumi Yazdi Hamid Reza | Issue Writer Certificate

Keywords

international arbitration

Repeated Appointments of Arbitrators

Double-hatting

Diversity

Integrity of Proceedings

Legitimacy of Arbitration

Monopoly

Abstract

The nature of international arbitration and the party autonomy in the appointment of arbitrators require selection of the arbitrators from a diverse range of qualified persons, regardless of their nationality, gender and age. However, studies show that the international arbitration is mainly monopolized by white men from developed countries and others have little contribution. The repeated appointments of arbitrators and double-hatting are amongst the most important mechanisms worsening the existing situation, preventing the entry of newcomers and so leading to the formation of a closed circle of international arbitrators. By analyzing the effect of repeated appointments of arbitrators and double-hatting on the diversity of the arbitration community and subsequently on the integrity of proceedings and the legitimacy of arbitration, this article suggests that following the disclosure of the arbitrators’ previous appointments and positions, some limitation should be imposed on the number of appointments and cases one can get involved, either as an arbitrator or as a counsel.

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