Disability and Transnational Arbitration: Human Rights Linkages and Reasonable Accommodations

Disability intersects with arbitration as regards the mental capacity of a party to enter into an arbitration agreement, the appointment of arbitrators with disability and grounds for removal thereof, accommodations during arbitral proceedings for arbitrators and counsel with disabilities, as well as the costs for all appropriate accommodations. This Article demonstrates that the right to a fair trial, which is universally recognized in arbitration, dictates that parties and arbitral institutions be free to select arbitrators of their choice, and no impediments may be imposed against arbitrators with disabilities other than that they are able to fulfill the functions of their mandate. Accommodations, however, are not enough. Arbitral institutions, the legal profession, and professional associations, in conjunction with the government, must undertake a sustained campaign to eliminate bias and stereotypes of disability and actively promote arbitrators and counsel with disabilities in arbitral proceedings.

Finally, this Article shows that the cost to accommodate arbitrators and counsel with disabilities is less significant than multilingual arbitrations and, in any event, may be offset through synergies between arbitral institutions and governmental entities.