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Freshfields Risk & Compliance

| 4 minute read

Nine years of the ERA Pledge

The Equal Representation in Arbitration (ERA) Pledge (the Pledge) recently celebrated its ninth anniversary.

The Pledge, established in 2016, seeks to increase, on an equal opportunity basis, the number of women appointed as arbitrators in order to achieve a fair representation, with the ultimate goal of full parity. The Pledge operates through a Global Steering Committee, co-chaired by Sylvia Noury KC (founder of the Pledge and Freshfields' Partner and Head of Africa Disputes ) and Justin D’Agostino (CEO of Herbert Smith Freehills Kramer) and supported by a network of 10 Subcommittees.

At each anniversary of the Pledge, we reflect on the progress that has been made over the previous year and consider plans for the coming year. 

The number of signatories to the Pledge surpassed the 5,000 milestone in 2022 and continues to climb year upon year. As at 12 May 2025, the total number of signatories stands at just over 5,900 signatories, including over 1000 organisations and from 147 countries. The work of the Global Steering Committee, Pledge Subcommittees and signatories continues to expand the Pledge’s reach around the world. 

Statistics

The percentage of female arbitrators continues to rise, though the rate has slowed over the years. The following arbitral institutions have reported on the gender breakdown of arbitrators appointed in their 2024 caseloads:

  • ICSID: in 2024, 29% of all appointments were women (ICSID appointed 43%; parties appointed 19% and co-arbitrators appointed 5% (here).
  • VIAC: in 2024, 37% of all appointments were women (VIAC appointed 64% women; parties appointed 17% and co-arbitrators appointed 42%) (here).
  • DIS: In 2024, 21% of all appointments were women (DIS appointed 44% women; parties appointed 13% women and co-arbitrators appointed 25%) (here).
  • SCC: In 2024, 40% of all appointments were women (SCC appointed 57% women; parties appointed 28% and co-arbitrators appointed 56%) (here).

The ICC and LCIA have not yet released their 2024 statistics. Their last reported figures were for 2023:

  • LCIA: in 2023, 33% of all appointments were women (LCIA appointed 48% women; parties appointed 21% and co-arbitrators appointed 39%) (here).
  • ICC: in 2023, 29.7% of all appointments were women (ICC appointed 41% women; parties appointed 24% and co-arbitrators appointed 31%) (here).

While the rising figures are encouraging, the institutions continue to appoint a much larger proportion of women arbitrators than the parties. Given the parties to arbitration are responsible for the majority of arbitrator appointments, driving further progress in terms of the diversity of party appointments is key to moving achieving the Pledge’s goals of fair representation and ultimately full parity in arbitrator appointments.

Other areas of progress

The Pledge Global Steering Committee launched a Pledge Newsletter this year, sharing the latest news and events from around the world. You can read the first edition of the newsletter we published in December 2024 here. Going forward, each newsletter will spotlight a different subcommittee and highlight recent Pledge initiatives and events. Make sure to check the ERA website for upcoming newsletters or ask to join the mailing list here.

The GAR Pledge Award 2025 recognised initiatives demonstrating outstanding effort towards advancing diversity of all forms in arbitration. This year’s winner was the Arbitration Fund for African Students, which delivered training to 400 students and set up ADR clubs in Uganda, Ghana, Tanzania and Rwanda.  There were many other notable nominations (listed here), which focussed on celebrating diversity in arbitration in many forms. 

Arbitral institutions continue to innovate in this space. The LCIA introduced new EDI Guidelines in December 2024, which provide non-binding recommendations for integrating EDI principles across arbitration, recognising the diversity of arbitration users and cases. 

Pledge events in 2024 and 2025

The Pledge is delighted to continue its support for many events aimed at improving representation in arbitration. 

A sample of recent events include:

  • Joining forces with ArbitralWomen and other arbitration diversity organisations during LIDW with an event: Accelerate Action with Arbitral Allies on 4 June.
  • A networking breakfast before the ICCA Kigali conference on 4 June (featuring the fabulous ERA Pledge cake pictured!);
  • The 9th ICC Africa Conference in Nairobi from 28-30 May;
  • The 13th ICC MENA Conference in the ADGM in February 2025;
  • The GAR Live: Women in Arbitration event in Paris in December 2024; and
  • The ERA APAC event during Hong Kong Arbitration Week in October 2024.

Upcoming events include:

  • GAR Live Energy Disputes in London on 2 July;
  • The 10th ICC APAC Conference in Hong Kong from 25-27 June 2025 (register here); and
  • The 20th ICC New York Conference from 18-19 September 2025 (register here).

Resources

The ERA Pledge has a number of resources to assist arbitration practitioners to and users to implement the Pledge’s diversity goals:

  • The Corporate Guidelines are designed to assist corporate parties to arbitration with best practice examples of how to implement the Pledge.
  • The Bar Guidelines are designed to assist members of the UK Bar and those working in bar practice management to implement the aims of the Pledge.
  • The First Appointment Guidelines are designed to assist new and prospective arbitrators to secure and succeed in their first arbitrator appointment.
  • The ERA Female Arbitrator Resources Tool is designed to assist those involved in appointing arbitrators to find and research women arbitrators. It identifies databases and other sources of information on women arbitrators in an easily accessible, printable one-page format. 
  • The ERA Search Committee continues to run its pro bono service to respond to requests for assistance in finding women arbitrators, matching specific criteria needed for a specific dispute. We encourage members of the arbitration community to use the ERA Pledge Female Arbitration Search Tool to help find suitable women candidates for consideration when putting together shortlists in their cases.

 

For further information 

To find out further about the Pledge, you can connect with the Pledge on LinkedIn and can visit the Pledge website.