Moving representation forward: Practical steps toward gender equality in arbitration
On 2 October 2025, Freeths was delighted to sign both the Equal Representation in Arbitration Pledge (ERA) and the Equal Representation for Expert Witnesses Pledge (ERE). This is an important step for us and reaffirms the firm’s commitment to gender diversity and inclusion, alongside all other forms of diversity, across the firm and, in this instance, particularly in our dispute resolution practice.1
In the wake of the new year, in this article we look at some of the practical steps we will be taking to meet our commitment to gender diversity in arbitration and consider the progress made to date in the community.
About the pledges
The ERA Pledge, launched in 2016, aims to improve the profile and representation of women in arbitration, with the ultimate goal of full parity. It encourages law firms, institutions, and parties to consider gender diversity in arbitrator appointments.
The ERE Pledge, launched in 2022, is its sister initiative focused on expert witnesses. It calls for fair representation of women in expert witness roles and promotes mentoring, visibility, and data transparency. The ERE pledge was founded after a survey conducted in 2020 revealed that more than half of respondents had not seen even one female expert witness testify in the previous three years.
Where do we stand on progress?
Arbitrator appointments
Since the 2022 ICCA Report there has been a steady increase in gender diversity in arbitration appointments. Recent statistics evidence the increase in the number of new female arbitrator appointments across various institutions.
We provide a comparison table below.
| Institution | Year3 | Female arbitrator appointments | Year | Female arbitrator appointments |
| HKIAC | 2021 | 16.9% | 20244 |
34.7% |
| LCIA | 2021 | 31.6% | 20245 | 45% |
| ICC | 2021 | 24.3% | 20246 | 46% |
| SIAC | 2021 | 23.2% | 20247 | 35% |
| SCC | 2021 | 28.7% | 20248 | 40% |
| ICDID | 2021 | 27.2% | 20259 | 30% |
The ICC and LCIA are leading the most recent statistics, the number of female arbitrator appointments, getting very close to gender parity as of 2024. The statistics for HKIAC, SIAC, SCC and ICSID have significantly improved since the 2022 ICCA Report, but we still have some way to go before genuine gender parity exists across the board. This is particularly the case when considering the statistics of party nominated arbitrators – for example, the number of female arbitrators appointed by parties for LCIA arbitrations is just 21%, less than half of the number appointed by the LCIA itself. This suggests that legal advisers need to be making a more concerted effort to push for gender diversity in nominations and educating clients on the benefits of diversity.
The EDI Guidelines recognise that those in positions of authority (such as lead counsel and the presiding arbitrator) have a pivotal role in fostering equal participation by modelling inclusive behaviours and managing how diversity is reflected in proceedings. Without doubt, leading by example is an important step in ensuring equal representation in arbitration. However, there is little data on the proportion of women taking the role of lead counsel or acting as advocates in arbitrations. A lack of women in these lead positions can, in itself, be a hinderance to taking on arbitrator roles due to a lack of visibility and perceived experience in arbitration. It could also contribute to the lack of diversity in party nominated arbitrators.
Expert appointments
Comparatively, slow progress has been made in breaking the traditional barriers in the appointment of expert witnesses. According to a survey by ERE from June 2024, women were appointed, or testified, as the sole expert witness in just 9% of cases in 2023, a slight decrease from 10% in 2022.10
The survey also notes that when the respondents were asked which steps would help to increase the number of female expert witnesses most effectively, gender-diverse shortlists requested by parties and counsel proved the most popular. In second place came the need for organisations to offer greater internal support for female expert witnesses or those aspiring to the role. As legal professionals, we have a responsibility to raise awareness of gender diversity issues in the selection of expert witnesses and to ensure that our shortlists provide equal opportunities for female experts.
The support for equality does, however, continue. At time of this article, over 1,747 individuals and organisations have signed the ERE Pledge, showing growing support for change.
While the increase in the proportion of women appointed as arbitrators is encouraging from the perspective of the institutions, the data makes clear that true gender parity remains elusive and there is still significant work to be done in expert appointments.
Our proposed practical steps
We acknowledge that the legal and arbitration sectors have historically been male dominated. We are committed to challenging this status quo by implementing practical steps that actively remove barriers to women's career progression - not only within our firm but also across our broader professional network, including arbitrators and expert witnesses. Some of the steps we take, and hope might be useful for our fellow legal professionals, are as follows:
Internal tracking & reporting:
- Compile and maintain a database of active arbitrators with details including experience, sector specialism, gender, jurisdiction and nationality to assist with preparing shortlists for client appointments
- Maintain a record of arbitrator appointments, including by gender, jurisdiction and nationality, for active cases at Freeths
- Report yearly on gender diversity in arbitrator nominations and appointments in our internal reports and consider the success of our approach to diversity as a whole and any lessons learned from discussions around appointments (including with clients)
Inclusive shortlisting:
- Ensure every arbitrator shortlist includes qualified female candidates and encourage clients to consider qualified female arbitrators
- Use databases such as ArbitralWomen, CIArb’s Women in ADR Directory, ERA Pledge Directory to assist with identifying arbitrators and to bolster our internal database
Client engagement:
- Educate clients on the ERA pledge and the benefits of gender diversity in legal teams and in the appointment of arbitrators
- Encourage clients to consider gender diversity when approving arbitrator lists and support the appointment of female arbitrators
Training and awareness:
- Conduct annual workshops on unconscious bias, inclusive selection and the benefits of diversity in arbitration, with the option for clients to attend
- Share success stories of diverse arbitrator appointments and discussions with clients around diversity in arbitration within the arbitration team
- Share positive experiences of female arbitrators and counsel with our colleagues in the arbitration community
- Encourage visibility and lead roles for female team members, including at trial, with the opportunity for advocacy where appropriate
Collaboration:
- Partner with organisations such as ArbitralWomen, WEconnect, POWERful Women and the ERA Pledge to co-host events and panels, including to promote the aims of those organisations
Internal tracking and reporting:
- Prioritise expert directories that support the ERE pledge, such as Expert Witness Institute (EWI), Academy of Experts, and the ERE Pledge Directory
- Maintain internal data on experts, including female experts, with data on gender, jurisdiction, nationality and expertise
- Report yearly on gender diversity in expert nominations and appointments in our internal reports and consider the success of our approach to diversity as a whole and any lessons learned from discussions around appointments (including with clients)
Inclusive search and shortlisting:
- Require teams to include at least one qualified female expert in every shortlist and encourage clients to consider qualified
- Request that expert firms include female candidates, where possible, when providing suggestions for experts
- Use blind CV reviews to reduce bias in selection
Expert engagement:
- Invite female experts to internal and client-facing seminars
- Build relationships with female experts, including in areas that have fewer female experts, to expand our network
- Encourage a diverse expert team, including the opportunity for female experts to co-sign reports where appropriate
Client engagement:
- Educate clients on the ERE pledge and the benefits of gender diversity in expert teams and in the appointment of experts
- Encourage clients to consider gender diversity when approving expert short lists and support the appointment of female arbitrators
External advocacy:
- Encourage expert witness agencies and other appropriate contacts to sign the ERE pledge, if they have not already signed
- Promote gender-diverse panels in expert witness training and conferences
- Promote the appointment of female experts to panels where experts are being used
- Share success stories of diverse expert appointments and discussions with clients around diversity in arbitration within the arbitration team
- Share positive experiences of female experts with our colleagues in the arbitration community
Signing the ERE and ERA Pledges is just one part of our wider commitment to equity, diversity, and inclusion. We continue to advocate for fair representation, support mentoring and sponsorship initiatives, and ensure our clients benefit from access to diverse talent in arbitration and expert witness services. We also welcome any suggestions from our colleagues and friends at other law firms, chambers, expert firms and other interested parties on ways we can improve our approach to gender diversity in arbitration.
How can our arbitration solicitors help
Accountability is central to our approach across the firm as a whole, not just in our arbitration and dispute resolution team. For example, we publish our gender pay gap report annually to better understand our workforce profile, identify challenges, and pinpoint areas where we can make high-impact changes (read our latest gender pay gap report here) and have been a long time sponsor of the Women of the Year Awards.
Firms and other stakeholders can sign up for the ERA Pledge here.
Footnotes
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For the purpose of this article, we refer to binary gender diversity as this is the form most commonly reported in the available data. However, Freeths fully recognises and respects that gender exists beyond the binary. We are committed to fostering an inclusive environment that supports and celebrates people of all gender identities within our firm and as part of our efforts to increase diversity in the arbitration community
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The 2022 ICCA Report, pages 25 – 26
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Statistics - HKIAC | Hong Kong International Arbitration Centre
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ICC Dispute Resolution Statistics: 2024 - ICC - International Chamber of Commerce
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https://icsid.worldbank.org/sites/default/files/publications/ICSID_AnnualReport2025_ENG.pdf
- https://www.expertwitnesspledge.com/media/xeenpyqn/ere-2024-survey.pdf
The content of this page is a summary of the law in force at the date of publication and is not exhaustive, nor does it contain definitive advice. Specialist legal advice should be sought in relation to any queries that may arise.
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