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ASU Lodestar Dispute Resolution presents Arbitrator Diversity: Can It Be Achieved?
In 2018, Jay-Z, and his company, Rocawear, sued the American Arbitration Association (AAA) because the twelve-arbitrator list AAA provided him in a breach of contract dispute did not include a black arbitrator. Jay-Z and his counsel concluded that the lack of black arbitrators on AAA’s complex commercial arbitration roster was a violation of his constitutional rights to equal protection of the laws and equal access to public accommodations, and also violated consumer protection laws by misleading consumers into believing they would be able to receive a fair and impartial adjudication in arbitration.
Putting aside the merits of Jay-Z’s constitutional and consumer protection claims, the underlying concern Jay-Z expressed about the lack of diversity in the arbitrator corps resonates with the public as well as with women and minority disputants and one-shot players, such as consumers or employees, and their representatives.
Professor Cole’s talk will focus on the importance of diversifying the arbitrator corps, describing the current state of arbitrator appointment processes and their consequences for diversity, and then discuss several different mechanisms that arbitrator provider organizations could implement to increase diversity both in the arbitrator corps and, more importantly, in the diversity of arbitrators selected to hear cases.
Sarah Rudolph Cole is the Michael E. Moritz Chair in Alternative Dispute Resolution at the Moritz College of Law at the Ohio State University. Professor Cole is a co-e ditor of Discussions in Dispute Resolution: The Foundational Articles (Oxford 2021) and the co-author of Dispute Resolution: Negotiation, Mediation and Other Processes(7th ed.) and Mediation: Law, Policy and Practice(3d ed.) as well as the author of numerous law review articles and book chapters. In 2013, she received the Ohio State Alumni Award for Distinguished Teaching. Professor Cole is also a founding contributor to Indisputably, the Dispute Resolution Law Professors’ Blog.
Free in person or via Zoom (boxed lunch included for in-person attendees)
*The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.0 hour towards your annual CLE requirement for the State Bar of Arizona, including 1.0 hours of professional responsibility.
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