Viewing our World through a Different Lens: Environmental and Social Considerations in International Arbitration

Abstract

Climate change is the greatest challenge humanity will face this century, yet the international arbitration community has been slow to recognize its significance and to react to its effects. The international arbitration community was similarly slow to address the under-representation of women in arbitration, with measurable change in this area only being seen in the last five years. We have yet to realize any significant improvement achieving a more diverse community more generally, beyond the narrow issue of the under-representation of women. This article addresses the behavioural changes which have been achieved in these areas and considers those that remain to be implemented to embed environmental and social considerations into the culture of international arbitration. It argues that every dispute should be viewed through a diversity and an environmental lens and identifies the changes that are needed now. We must secure change to ensure that arbitration meets the needs of its users, as we look to a future which looks very different to even the recent past.