Where White Men Rule: How the Secretive System of Forced Arbitration Hurts Women and Minorities

In 2018, musician Jay-Z found himself in a legal dispute with the clothing company Iconix. Unable to reach a resolution, the parties took their dispute to arbitration with the American Arbitration Association (AAA), where it hit an unusual stumbling block. When given a roster of arbitrators to choose from, Jay-Z’s legal team realized there was not a single Black arbitrator among them.

When the legal team pointed out that Jay-Z was Black and asked for “neutrals of color,” AAA responded by suggesting a further slate of six arbitrators who were minorities. However, only three of those were Black, one of whom was a partner at the law firm representing Iconix in the underlying arbitration.

The case shone a light on the normally shadowy world of arbitration. Read Entire Article (PDF)