Legal Orientalism and the Promise of Diversity in International Arbitration

Summary

This chapter addresses a dimension of diversity in international arbitration that has drawn comparatively little attention: legal-cultural diversity, as distinct from demographic representation. Drawing on the notion of legal Orientalism, the authors argue that mainstream practice continues to treat certain procedural styles and professional instincts, largely Anglo-American in origin, as neutral and universal, while marking other traditions as culturally particular. Taking East Asia as a case study, the chapter identifies three manifestations of that dynamic: the dominance of Anglo-American procedural norms, their influence on the selection and assessment of arbitrators, and the assimilationist pressure placed on practitioners trained in other legal traditions. The authors conclude that arbitration risks becoming more diverse in composition while remaining uniform in method and mindset, and that meaningful diversity requires sustained dialogue between legal traditions rather than inclusion alone.