ArbitralWomen and Dispute Resolution Data (DRD) are delighted to announce having entered a Memorandum of Understanding (MoU) to promote diversity in ADR, a few weeks after Diana Droulers succeeded Bill Slate as the new CEO of DRD. Diana Droulers, along with Debi Slate, DRD’s Co-Founder and COO, are both ArbitralWomen Founding Members and former Board Directors. ArbitralWomen is thrilled to see Diana and Debi leading a pioneering initiative that offers the benefits of data analytics. The DRD global database allows users to access yearly trends starting in 2005 and set multi-year parameters in their data and statistical searches. DRD’s dynamic data is unique in its uniformity and sheds light on many aspects of international arbitration and mediation that were previously not accessible. DRD addressed the vision of Bill and Debi Slate, to better equip international arbitration and mediation with data that supplement lawyers’ knowledge and confidence via uniform data-based statistics and analysis. The mission of DRD is to enhance and expand the practice of arbitration and mediation through the collection and dissemination of trusted aggregated case data, while maintaining confidentiality, a key component for DRD. This data provides insights into ADR practices and trends for parties, dispute resolution institutions, advocates, arbitrators, mediators, researchers and policy makers. DRD is the first and only global database pertaining to international commercial arbitration and mediation dispositions. Global Arbitration Review (GAR) awarded DRD in 2017 the Best Innovation by an Individual or Organization award. This innovation refers to the development of a robust, dynamic database, now over 5,000 cases and 172,000 data points, for data collection and reporting. The number of institutions contributing their closed case data has more than doubled from nine in 2015 to nineteen in 2021. Thus far the data that has been contributed includes data from CACC, ICDR, CEDR, ACICA, CAM, CECAP CAM Santiago, BCDR, CANACO, CCB, CAM-CCBC, CEDCA, CRC, ICC, VIAC, CAINCO, MCIA, MIAC, CAC with more on the horizon. DRD is grateful that so many institutions understand the value of the DRD’s mission to advocate for transparency and inclusiveness in international commercial arbitral data in order to enhance the abilities of those working within this area. To effectively be available to those wanting the most current data, DRD offers “on-demand” customized reports, as well as the ability to have API access. Look for more information in the coming months as DRD becomes a universal resource in the field of international commercial arbitration. DRD first began collecting gender information on arbitrator tribunals by case type and region when it became a signatory of the Equal Representation in Arbitration pledge in 2015. The diversity data collected shows incremental progress of the number of female arbitrators. While more progress is needed, Diana and Debi are happy to see the changes in a field where they have contributed to promote gender diversity. In addition to bringing her experience as former Executive Director of the Centro de Arbitraje de la Cámara de Caracas (CACC) for sixteen years, President of IFCAI for eight years, member of the ICC Court for a second mandate of three years, and former Latin America Advisor for DRD for five years, Diana has continuously promoted female practitioners in Latin America (click here to see an interview with Diana published in ArbitralWomen Newsletter 2014). Diana and Debi, former National Vice President of Online Dispute Resolution with American Arbitration Association, combine an invaluable experience in international dispute resolution, which will help them steer DRD as it becomes a necessary resource for anyone working in the international ADR field. Debi commented, “Diana was the natural choice to follow Bill as she has been integrally involved with DRD since its start five years ago. She immediately understood the necessity and benefits to the world of international commercial arbitration that DRD’s data analytics could provide. We are pleased to have Diana at the helm moving DRD forward.” Submitted by Diana Droulers, CEO of DRD, and Debi Slate, Co-Founder and COO of DRD – both former ArbitralWomen Board members.

Submitted by ArbitralWomen Member Rachel Chiu, together with Laura Canet, Derin Coker, and Ayelet Hochman Young Mute-Off Thursdays (the younger sister group to Mute-Off Thursdays) will celebrate its First Year Anniversary on 26 August 2021, to mark one year of weekly Thursday meetings and to celebrate our international community of bright and capable young women practitioners in arbitration. Young Mute-Off Thursdays is another story of creating opportunity for women in the legal profession amidst the challenges of practice in the Covid-19 pandemic. In May 2020, when many of us were subject to strict pandemic-related social restrictions, ArbitralWomen member Rachel Chiu reached out to Ayelet Hochman (a colleague whom she had met at a conference before the pandemic) for a telephone catch-up. This phone call was a small part of our new reality, in which professional connections are harder to maintain and create. Just a few months earlier, ArbitralWomen members Ema Vidak Gojković, Gaëlle Filhol, Catherine Anne Kunz and Claire Morel de Westgaver launched the successful online forum Mute-Off Thursdays. The forum is designed to help senior women in arbitration share knowledge and stay connected with the arbitration community and combat the challenges of underrepresentation and invisibility that women practitioners faced, which risked being amplified under the new normal of socially distanced working and living. The phone call between Ayelet and Rachel marked the start of a new online forum where young women practitioners in arbitration from all corners of the world could meet, network, and find support. They reached out to two other colleagues with different backgrounds and from different jurisdictions, Derin Coker and Laura Canet, to help build this community. Together, with the support of the Mute-Off Thursdays’ team, Derin, Laura, Ayelet and Rachel launched Young Mute-Off Thursdays in August 2020! Ever since, Young Mute-Off Thursdays has met every Thursday, at the same time (9am ET / 2pm GMT), over Zoom for 30 minutes. Every Thursday, a woman practitioner (either a senior practitioner in the field or a member from the group) is invited to lead a discussion on a select topic. A wide range of topics have been discussed at these Thursday sessions, from developments in the law, drafting and advocacy tips, to maintaining sustainable success and work-life balance. Occasionally, senior practitioners share details about their person journey in legal practice, which is always an inspiration to members in the group. Young Mute-Off Thursdays also hosts regular networking sessions for members to interact with each other in smaller groups, and features workshops by external speakers on law-related topics such as accounting, expert work, and mental health. A year on, Young Mute-Off Thursdays’ community has grown from a small list of each co-chair’s personal contacts to a strong following of more than 200 young women practitioners from all over the world, from West Africa, to Europe, the Americas, India and Singapore! At Young Mute-Off Thursdays, many women are in the early stages of their stages and in the process of establishing their professional network. As such, Young Mute-Off Thursdays serves as a platform for members to build and maintain their network amongst their peers, and a bridge between young and senior practitioners, to benefit from their experience, mentorship, support and collaboration. It also aims to provide women practitioners with a safe space for knowledge sharing and discussion, assist young female practitioners with raising their profile, and strives to promote a culture of collegiality and kindness. As part of its anniversary celebrations, Young Mute-Off Thursdays will host a special one-hour session on 26 August at 9am ET / 2pm GMT / 9pm SG. It will feature a practical workshop by professional coach Amanda Pelham Green that will aim to equip participants with career skills to help them be the best versions of themselves in practice, and bring out the best of others in their teams. Participants will also be invited to interact in smaller break-out rooms. Details of the session may be found on the ArbitralWomen events page here. The event is open to ArbitralWomen members up to 7-PQE. If you would like to attend the Special Anniversary session or are interested to join the group, please send your request to This email address is being protected from spambots. You need JavaScript enabled to view it..

Young Mute-Off Thursdays’ full syllabus for its first year (August 2020–August 2021)

Session	Topic	Speaker / Affiliation
1	Building your career in international arbitration	Jacomijn van Haersolte-van Hof, LCIA
2	Navigating cross-border sensitivities	Rose Rameau, Rameau International Law
3	Are instant messages (social media messages) discoverable forms of evidence?	Claire Morel de Westgaver, BCLP
4	How to hone your advocacy and public speaking skills	Kirtan Prasad, RPC
5	Finding your niche in arbitration	Wendy Miles, Twenty Essex
6	Tips on Pitching Your Case to Third Party Funders	Rachel Chiu, BCLP
7	Security for claims applications in arbitration proceedings	Karolina Latasz, Allen & Overy
8	Career paths in arbitration: Working as an arbitrator / how to build your experience and portfolio as an arbitrator	Maxi Scherer, Wilmerhale
9	Cross-examination of expert witnesses	Srishti Jain, Keidan Harrison Disputes
10	Mental resilience and sustainable success	Claire Williamson, Leading Minds
11	Working with experts in international arbitration	Daniela Bambaci, BRG; and Jessica Pineda, PGMBM
12	Discussion on the differing approaches between jurisdictions on law applicable to arbitration agreement	Saadia Bhatty, Gide Loyrette Nouel
13	Cyber Security and International Arbitration: Understanding the ICCA Protocol	Wendy Gonzales and Sophie Nappert, CyberArb
14	Networking Session: Thanksgiving Special
15	Acting as a Tribunal's Secretary	Catherine Schroeder, Schroeder Arbitration
16	How to recover internal in-house legal costs at the end of an arbitration	Elizabeth Chan, Three Crowns
17	ICCA Report on Gender Diversity - Presentation on work and findings	Jennifer Ivers, White & Case; Nicola Peart, Three Crowns
20	Building Your Brand	Yaara Diechter, Robus Consulting
21	Greener arbitrations	Lucy Greenwood, Greenwood Arbitration
22	Corruption in international arbitration	Patricia Snell, Covington & Burlington
23	Demistyfing quantum evidence workshop	Saana Babaa, EY Disputes
24	Creating and Maintaining Networks in a Multicultural Environment	Yael Ribco, Shearman & Sterling
25	How to survive your first appointment as an arbitrator?	Gaëlle Filhol, Betto Perben Pradel Filhol
26	Key updates to LCIA Rules 2020 and ICC Rules 2021	Eleanor Scoggings and Ange la Casey, LALIVE
27	The Future of Investor-State Relations	Melida Hodgson, Jenner and Block
28	Making transitions in a cross-border career	Chiann Bao, Arbitration Chambers
29	Experience-sharing session - Virtual Hearings
30	Using Harvard Negotiation Workshop Principles to Improve your Advocacy	Ema Vidak, Vidak Arbitration
31	The Environmental and Social Impact of Investment Law and Disputes	Angela Ha, Volterra Fietta
32	Networking session: Easter Special
33	How to use intersectionality as your superpower	Ariel White - Tsimikalis, BCLP
34	JOINT SESSION MUTE-OFF ANNIVERSARY: Imposter Syndrome and how to overcome it
35	Preliminary assessments in international arbitration	Viktoria Schneider, Hane feld
36	Arbitration in India	Ishita Mishtra, Chambers of Mr. Gourab Banerji
37	Experience-sharing session: Document Production
38	Mediating complex cross-border commercial disputes	Jane Player, Independent Mediators
39	Making sense of financial statements	Vikki Wall, Haberman Ilett
40	Do’s and don’ts in persuading arbitrators	Elena Gutierrez, Independent Arbitrator
41	Tribunal’s questions to parties outside the hearing: dos and don’ts	Maria Hauser-Morel, Hanefeld
42	Advocacy and drafting tips: Keep it simple, keep it interesting	Sapna Jhangiani QC, Clyde & Co
43	Draft Guidelines on Standards of Practice in International Arbitration	Lucy Reed, Arbitration Chambers
44	Gender statistics in arbitration	Umika Sharma, NUS PHD Researcher
45	How to Find and Maintain Work Life Balance	Kristen Young, White & Case
46	Networking session: Celebrating our Accomplishments
47	The role of amicus curiae in international arbitration	Dr Crina Baltag, Stockholm University
48	Role of ICSID and other institutions in administering investment disputes	Professor Emilia Onyema, SOAS University of London
49	Building your career through changes between law firms and different roles in arbitration	Marie-Isabelle Delleur, Clifford Chance
50	The Margin of Appreciation in Investment Arbitration	Danielle Morris, Wilmerhale

Young Mute-Off Thursdays founding co-chairs

• Laura Canet, Associate, Betto Perben Pradel Filhol
• Derin Coker, Associate, Peter Dovey and Co Solicitors
• Ayelet Hochman, Associate, White & Case
• Rachel Chiu, Associate, Bryan Cave Leighton Paisner

We are pleased to share that ArbitralWomen and the British Virgin Islands International Arbitration Centre (BVI IAC) formalized their on-going relationship of several years by entering into a Cooperation Agreement on 22 June 2021. The Cooperation Agreement was signed on behalf of ArbitralWomen by Dana MacGrath, ArbitralWomen President, and on behalf of the BVI IAC by Hana Doumal, Registrar of the BVI IAC. [caption id="attachment_96214" align="aligncenter" width="1100"] Left to right: Dana MacGrath (ArbitralWomen President), Rekha Rangachari (ArbitralWomen Director of Cooperation and Global Events), Francois Lasalle (BVI IAC Chief Executive Officer), Hana Doumal (BVI IAC Registrar).[/caption] The Cooperation Agreement encourages collaboration for the organisation of dispute resolution-related events as well as support and promotion of events, projects, and initiatives. For media enquiries, please contact ArbitralWomen at: This email address is being protected from spambots. You need JavaScript enabled to view it., and the BVI IAC at: +1 (284) 393 8000 / This email address is being protected from spambots. You need JavaScript enabled to view it..

Arbitration Life with Janette and Hana (www.arbitrationlife.org) is a YouTube interview series by the British Virgin Islands International Arbitration Centre (BVI IAC). Launched on 8 March 2021, International Women’s Day, the series features notable guests from the field of arbitration and is co-hosted by ArbitralWomen member Hana Doumal. To date, Arbitration Life has featured ArbitralWomen members Akima Paul Lambert, Shan Greer and Sherlin Tung, Board member Rekha Rangachari, and President Dana MacGrath. Future episodes will feature ArbitralWomen member Chiann Bao and co-founder and Board member Louise Barrington. The discussions engage guests in lively exchanges about career paths, events, trends in the law, and hot topics specific to arbitration. The series will also be launched as a podcast by the fall of 2021. Doumal says, “Janette and I are delighted to feature leading members of the international arbitration community and are particularly proud to highlight the successful women in this field.” If you have a topic or guest idea for Arbitration Life, please email co-hosts Hana Doumal and Janette Brin at This email address is being protected from spambots. You need JavaScript enabled to view it..

Racial Equality for Arbitration Lawyers (R.E.A.L.) has announced new leadership positions for committee Chairs and Vice-Chairs in addition to Ambassadors, spotlighting several ArbitralWomen members. Three of the six R.E.A.L. committees are led by ArbitralWomen members in addition to ten Ambassadors in the call for racial equality and intersectional diversity. These roles are supported by ten of the R.E.A.L. Steering Committee members who are also ArbitralWomen Members, as are two of the three R.E.A.L. Co-Chairs. ArbitralWomen member Scheherazade Dubash is Vice-Chair of the R.E.A.L. Arbitral Appointments Committee. ArbitralWomen member Nivvy Venkatraman is Chair of the R.E.A.L. Newsletter and Blog Committee. ArbitralWomen member Federica Bocci is Chair of the R.E.A.L. Conferences & Events Committee. Additionally, the following ArbitralWomen members have been appointed as R.E.A.L. Ambassadors: Maria Chedid, Gaela Gehring Flores, Lucy Greenwood, Samaa Haridi, Ilham Kabbouri, Amanda Lee, Ayse Lowe, Victoria Sahani, Claudia Salomon and Svenja Wachtel. Finally, as announced in January 2021, the following ArbitralWomen members are on the R.E.A.L. Steering Committee: Funke Adekoya, Crina Baltag, Chiann Bao, Louise Barrington, Mélida Hodgson, Sara Koleilat-Aranjo, Dana MacGrath, Mirèze Philippe, Rekha Rangachari and Nancy Thevenin. Crina Baltag and Rekha Rangachari also serve as Co-Chairs of R.E.A.L. together with Kabir Duggal. Congratulations to all for being appointed to the R.E.A.L. leadership and furthering racial diversity in international arbitration. Submitted by ArbitralWomen President and R.E.A.L. Steering Committee Member and Strategic Advisor Dana MacGrath

Submitted by ArbitralWomen Member Annie Lespérance On 13 May 2021, Canada announced the introduction of a modernized and inclusive Foreign Investment Promotion and Protection Agreement Model (“2021 Model FIPA”). According to Global Affairs Canada (“GAC”), this model will “help provide a stable, rules-based investment environment for Canadian businesses investing abroad and for foreign businesses investing in Canada”, while balancing “the interests of all Canadians ... so that the benefits of Canada’s investment agreements are shared broadly across society”. The amendments follow on from extensive consultations with various stakeholders launched in 2018 and mark the first comprehensive revision to Canada’s model FIPA since 2003-2004. They come on the heels of recent debate surrounding the reform of the ISDS system as well as recent Canadian trade-related developments, including the United States-Mexico-Canada Agreement (USMCA), which came in effect in July 2020, the Canada-EU Comprehensive Economic and Trade Agreement (“CETA”), the Comprehensive and Progressive Trans-Pacific Partnership (“CPTPP”) and the signing of the Canada-UK Trade Continuity Agreement. Compared with prior iterations, the FIPA Model contains several notable updates to the dispute settlement mechanism and clarifications to investment protections, including from a gender equality and diversity perspective. Updates to the FIPA model dispute settlement mechanism Particularly noteworthy, from a gender equality and diversity perspective, is Article 30(1) which provides that “disputing parties are encouraged to consider greater diversity in arbitrator appointments, including through the appointment of women”. While not an obligation in itself, this provision nevertheless signals the importance of gender diversity on arbitration panels, in keeping with Prime Minister Justin Trudeau’s government gender policy in trade agreements and the wider push for gender diversity in arbitration supported by organizations like The Pledge and Arbitral Women. This provision appears to be truly one of its kind: the author is not aware of other investment treaties with a similar provision. Other updates to the FIPA model dispute settlement mechanism include, as reported on Global Affairs Canada’s website:

• strengthened alternatives to resolve an investment dispute without having recourse to ISDS, such as:
  • mandatory consultations prior to submitting a claim;
  • enhanced mediation provisions, which suspend the ISDS process and deadlines at any point to allow the disputing parties to meaningfully engage without being pressed by competing ISDS timelines; and
  • an extension of time-limits for submitting a claim to arbitration when the claimant is actively pursuing remedies under domestic laws;
• obligations for claimants to disclose third-party funding;
• enhanced transparency provisions;
• the explicit ability of tribunals to appoint their own experts on issues such as the rights of Indigenous peoples, scientific matters and other factual issues;
• an arbitrator code of conduct to prevent conflicts of interest and ensure that they have appropriate qualifications;
• a consent-based expedited arbitration mechanism for claims under $10 million; and
• a commitment to consider using a permanent first instance investment tribunal or an appellate mechanism, should it be developed under other institutional arrangements.

Clarifications to the FIPA model investment protections

From a gender equality and diversity perspective, the new FIPA model includes a number of provisions that “aim to help women and other groups benefit more from the agreements, and to ensure that investment protections do not impede policies promoting gender equality”. The FIPA’s preamble reaffirms the importance of promoting responsible business conduct and gender equality amongst others as well as the importance of preserving a contracting state’s right to regulate in the public interest. Such right to regulate to achieve legitimate policy objectives, including gender equality, is then embedded in Article 3 of the model. Article 16 entitled “Responsible Business Conduct” reaffirms that investors and their investments shall comply with the domestic laws and regulations of the host State, including laws and regulations on gender equality amongst others, and reaffirms the importance of internationally recognized standards in this respect, such as the OECD Guidelines for Multinational Enterprises. Such specific reference to internationally recognized standards is a novelty in the updated FIPA model. Article 16 applies directly to the contracting states, not investors. In effect, the new FIPA model stipulates that the contracting states should encourage enterprises to consider greater diversity in senior management positions, which may include requirements to nominate women, and promote equal opportunities for women in terms of selection, remuneration and promotion. Clarifications to other investment protections standards were also made in the new FIPA model, notably to the MFN clause and minimum standard of treatment. They are not the object of the present blog post.

Conclusion

It remains to be seen whether Canada will seek to renegotiate its concluded bilateral investment treaties on the basis of its modernized FIPA and whether other states, particularly those which also have model bilateral investment treaties of their own such as the United Kingdom, will adopt and incorporate some of the provisions of Canada’ new FIPA in their own treaties. It would be surprising that the standard that Canada is setting with its modernized FIPA model on gender equality and diversity in investment protection and arbitration will be the source of any controversy in this respect.