On December 5, 2024, LCIA launched its Equality, Diversity and Inclusion (EDI) Guidelines (Guidelines) as a part of its EDI Initiative which was introduced earlier this year. The Guidelines aim to foster and facilitate arbitration proceedings through further recognition and acceptance of diversity and inclusivity in arbitration proceedings, thereby encouraging parties to adopt the Guidelines in the proceedings.
The Guidelines are divided into two Sections- Section I deals with the role of EDI at key stages of arbitration proceedings, starting from commencement of arbitration, appointment of arbitrators and conducting hearings. Section II defines the distinct roles and responsibilities of primary stakeholders. The primary stakeholders include parties, their legal representatives, LCIA, Arbitrators and other participants such as experts.
Through the Guidelines LCIA has also introduced the concept of PACT which is the acronym for Participate, Accommodate, Communicate and Train. LCIA strongly encourages parties to adopt EDI in their practices through PACT, in the following manner-
- Participate: Encourage inclusive involvement from all stakeholders in arbitration, ensuring interaction across different seniority levels within tribunals and legal teams.
- Accommodate: Identify and regularly review any necessary adjustments to ensure fair participation for everyone in the process.
- Communicate: Be mindful of factors like time zones, cultural norms, and holidays that could impact communication styles and timing.
- Train: Consider training to promote awareness of bias, including unconscious and cultural biases, to ensure all contributions are considered fairly.
More information on the EDI Guidelines is available at https://www.lcia.org/News/lcia-launches-new-edi-guidelines-for-international-arbitration.aspx
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