Women in arbitration: breaking the bias
Behind the rise of the practice, real equality remains a work in progress, as female lawyers build networks and reshape the field from within
by glória paiva
Experts: Sofia Ribeiro Mendes, partner at DLA Piper; Mariana França Gouveia, partner at Vieira de Almeida; Ana Coimbra Trigo, senior associate at PLMJ
Arbitration has become a cornerstone of the global legal system, offering an efficient and reliable path for resolving complex disputes. In Portugal, this trend has strengthened over the past two decades: a modern arbitration law, supportive courts, and a vibrant community of practitioners have turned the country into an emerging hub. Cross-border projects — particularly in construction, infra – structure, and energy — have further fuelled demand for arbitral expertise. Yet one imbalance remains: women are still under-represented as arbitrators and counsels, reflecting persistent structural gender bias.
Portugal’s arbitration tradition is especially strong in the administrative field, where the state has actively promoted its use. “For about 20 years now, many state-related disputes have been resolved through arbitration rather than the courts”, says Sofia Ribeiro Mendes, partner at DLA Piper, member of the Board of Directors of the Portuguese Arbitration Association, of ICC Commission on Arbitration and of ADR. Over time, arbitration expanded to tax disputes and consumer cases. A mandatory system for pharmaceutical patent di – sputes between 2011 and 2019 “helped build a robust, pro-arbitration body of case law in Portugal.”
Mariana França Gouveia, partner at Vieira de Almeida and president of the Portuguese Commercial Arbitration Centre, notes that arbitration “has been gaining the confidence of users, lawyers, and companies every day”, particularly in sectors like construction, energy, M&A, and public contracts, as well as in technology-related disputes. She adds that global business interconnection, along with AI and other technologies, has made cross-border arbitration more complex, demanding more from teams while also facilitating their work.
However, women continue to face unequal op – portunities in this field. Sofia Ribeiro observes that across arbitral institutions, the percentage of women appointed as arbitrators has grown from around 20% to over 30%, but party and co-arbitra – tor nominations remain below 20%, reflecting the influence of counsel and client choices. An empiri – cal study about commercial arbitration in Portugal, published in 2022 in the Revista Internacional de Arbitragem e Conciliação, found that 68% of respondents reported female arbitrators in 25% or fewer of the cases they handled, and only 5% reported women in more than half of their cases. Portugal’s Commercial Arbitration Centre’s statistics confirm the trend, with only 14% of arbitrators women in 2024.
“Arbitration teams are composed in a more balanced way, but male arbitrators are still appointed more frequently”, notes Ana Coimbra Trigo, senior associate at PLMJ and a member of the ICC International Court of Arbitration for Macau and of the Diversity Commission of the Lisbon Commercial Arbitration Centre. …
