Author
Prof Luke Nottage
Organisation/Institution
University of Sydney, Faculty of Law
Country
AUSTRALIA
Panel
International Arbitration and Dispute Resolution
Title
Developing Diversity within Diversity Discourse: Remembering Non-Lawyers in Arbitration, in Asia and Beyond
Abstract
This paper, co-authored with Asst Prof Nobumichi Teramura (UBrunei) and James Tanna (USydney), highlights a curious lack of diversity within the proliferating discourse about the lack of diversity in international arbitration. There is hardly any awareness or at least sustained discussion about limited diversity of professional backgrounds, and more specifically the dominance nowadays of those with practising lawyer positions or primary careers – including more recently in Asia – across the key groups and publication outlets for international arbitration. Yet this encroachment of lawyers was still being contested in the 1990s, as being linked to burgeoning costs and delays, and such “formalisation” has been re-emerging in recent years. Diversifying the world of international arbitration to involve more non-lawyers, including academics, could promote various other objectives too, and thus enhance the legitimacy and sustainability of international arbitration. This paper therefore analyses empirically the ways lawyers have come to dominate key nodes of influence within the world of international arbitration. We examine this worldwide and in the Asian region, thus also giving a sense of geographical diversity. Part I looks at lawyers in key general associations or organisations promoting international arbitration, including their leadership and presenters at symposiums. Part II focuses on various arbitration centres globally and regionally, which actually administer cases. Part III examines contributions to some key arbitration journals (including the Asian International Arbitration Journal), an influential book series, and a widely-read Blog. The conclusion reiterates that restoring more non-lawyers in the world of international arbitration should help not only to reduce formalisation and inefficiencies in international arbitration, but also have various other salutary effects, including potentially improving gender diversity.
Biography
Dr Luke Nottage (BCA LLB PhD VUW, LLM Kyoto) specialises in international arbitration, corporate governance and consumer law. He is Professor of Comparative and Transnational Business Law at Sydney Law School and Associate Director of the Centre for Asian and Pacific Law at the University of Sydney (CAPLUS). He is Special Counsel at Williams Trade Law and has consulted for law firms world-wide, ASEAN, the EC, UNCTAD, UNDP, OECD, Japan and Saudi Arabia. He has also made numerous public Submissions and given evidence to Australian government inquiries into investment treaty ratification, arbitration and consumer law reform. Luke is a Rules committee member of ACICA, listed on the Panel of Arbitrators for the AIAC, BAC, JCAA, KCAB, NZIAC, SCIA and TAI, and is one of three Australia-based Titular Members elected to the International Academy of Comparative Law. He was awarded “ADR Academic of the Year 2020” by the Australian Disputes Centre. Luke’s 19 books include International Commercial and Investor-State Arbitration: Australia and Japan in Regional and Global Contexts (Elgar, 2021), New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution (eds, Wolters Kluwer, 2021), ASEAN Consumer Law Harmonisation and Cooperation (Cambridge UP, 2019, with Justin Malbon et al), International Investment Treaties and Arbitration Across Asia (eds, Brill, 2018), Foreign Investment and Dispute Resolution Law and Practice in Asia (eds, Routledge 2011) and International Arbitration in Australia (eds, Federation Press, 2010). Over 130 manuscripts of his articles and chapters are at SSRN.com. Bios of co-authors for this paper/presentation are emailed separately to conference organisers.
