Herbert Smith Freehills CEO to co-chair world-wide campaign, enhance number of women arbitrators

Herbert Smith Freehills CEO to co-chair world-wide campaign, enhance number of women arbitrators

As almost 5,000 people sign the Pledge, diversity and inclusion champion Justin D'Agostino takes the lead

Hebert Smith Freehills' (HSF's) head Justin D'Agostino will lead an international initiative that aims to increase the number of women arbitrators.

In starting the Equal Representation in Arbitration Pledge steering committee, D'Agostino will replace BP in-house lawyer Samantha Bakstad, who will step down from that position. She will work alongside founder and co-chair Sylvia Noury QC, who is head of Freshfield Bruckhaus Deringer's London international arbitration team.

Furthermore, HSF has committed consultant Brianna Young, who is one of the architects of Hong Kong's recently proposed litigation funding reforms, to fill in during the incumbent's maternity leave as the pledge's secretary.

Since 2016, over 5,000 people have signed the Pledge, which is backed by prestigious law firms, corporations, and arbitration institutions. It aims to reach full parity with regard to the number of women named arbitrators.

According to statistics from the International Centre for Settlement of Investment Disputes (ICSID) for the 2021 financial year, 31percent of appointments to tribunals, ad hoc committees and conciliation panels were made by women, up from 14percent the preceding year.

Claudia Salomon, a former partner at Latham & Watkins, was elected as the first woman to lead ICC Court of Arbitration (ICC), a Latham & Watkins signatory, in its nearly 100-year history last June.

"Thus far, the gender diversity initiative has contributed directly to so much progress in arbitration and courtrooms," said D'Agostino.

HSF's global head of disputes D'Agostino has been a long-term supporter of the Pledge, having supported the initiative from the beginning. A leader of a major law firm and one of the few openly gay lawyers in it, he has widely known for his advocacy of inclusion and diversity within HSF as well as the broader legal community.

Those in the community who consider themselves to be senior were pleased with the appointment of such an individual to lead the Pledge.

D'Agostino has been described as a "true global leader in diversity and inclusion" by Robert Stephen, registrar of the LCIA-DIFC Arbitration Centre, who notes that his appointment is "proof that major law firms and the broader arbitration community increasingly recognize the importance of equal representation for women in arbitration".

"As a long-time defender of diversity initiatives, Justin's appointment signals the level of support required to do more to sustain and enhance equal representation for women in arbitration," said Chiann Bao, vice president of the ICC and member of Arbitration Chambers in Singapore.

As the CEO of HSF, D'Agostino has spearheaded multiple diversity initiatives, including the launch of an action plan, unveiled in September 2020, for improving ethnic diversity and establishing a People & Culture Advisory Board.

The head of HSF's global arbitration division, Paula Hodges QC, said: "I am elated that the emergence of gender diversity continues to gain traction in the arbitral community, particularly since the Pledge was introduced. Justin and Briana are active supporters of the Pledge and we are very proud of them."

Meanwhile, Bakstad will continue to oversee the corporate subcommittee she set up in 2019. It includes representatives from companies like Barclays, Chevron and Airbus along with numerous litigation funders.

In May 2021, the ICC reported that the number of women who are appointed to arbitrate in ICC-administered cases would rise from 312 appointments in 2019 to 355 appointments in 2020, representing 23percent of all confirmations or appointments, which were 21.1percent in 2019.