International arbitration does not lack critics. A particularly
common criticism is the absence of cultural and ethnic diversity
among arbitrators. In the words of Sarah François-Poncet of
Salans, some twenty years ago, the usual suspects are
'pale, male, and stale'. Despite numerous
initiatives to support and encourage diversity, and the
diversification of the pools from which candidates are selected,
there is still much progress to be made. The problem is
particularly acute when it comes to African arbitrators.
Indeed, a few months ago, in a trademark and contract dispute
with clothing company Iconix Brand Group Inc., African-American
rapper and entrepreneur Jay-Z complained that only three of the
more than 200 arbitrators on the American Arbitration
Association’s Large and Complex Cases database identified as
African-American, leaving him with “no choice at all”
to appoint a candidate. Jay-Z’s counsel held that the lack of
ethnic diversity deprived litigants of
