Diversity and Inclusion Clause for Arbitration Agreements and Contracts
Parties may choose to include diversity as a consideration when selecting an arbitrator or arbitration panel. The below sample clause may be inserted into a contract to promote diversity in the selection of an arbitrator or arbitration panel.
Sample Clause for Arbitration Agreements and Contracts
The parties agree that, wherever practicable, they will seek to appoint a fair representation of diverse arbitrators (considering gender, ethnicity and sexual orientation), and will request administering institutions to include a fair representation of diverse candidates on their rosters and list of potential arbitrator appointees.
Custom ADR clauses ensure an efficient process and can provide better outcomes.
The case for greater diversity in alternative dispute resolution (ADR) has been made. Increasingly, law firms and their clients are requesting a choice of neutrals who reflect diverse backgrounds and perspectives. Collective action is required to make this goal a reality.
JAMS is committed to recruiting and promoting an inclusive panel of ADR professionals:
- Nearly half of the neutrals who have joined us over the past five years are women and/or diverse.
- An early supporter of the Equal Representation in Arbitration Pledge, JAMS is also the first private provider to offer a diversity and inclusion clause for arbitration contracts. This model contract language, noted below, recognizes the benefits of considering diversity in the arbitrator selection process.
For more information on incorporating the Diversity and Inclusion Arbitration Clause into a contract, please contact Serena Lee at SLee@jamsadr.com.
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