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. It will also 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.

Jay Jenkins

ASU Law Lodestar Dispute Resolution Center

Jay.Jenkins@asu.edu