Originally from Alternatives to the High Cost of Litigation

PAGE PREVIEW

In 2018, Jay-Z and his clothing company, Rocawear, filed suit against the American Arbitration Association because the AAA did not include a black arbitrator among the 12 arbitrators it proposed to handle a breach of contract dispute. See Helen Holmes, “Jay-Z Halting His $204M Lawsuit Over a Lack of Black Arbitrators Could Be Historic,” Observer (Nov. 29, 2018) (available https://perma.cc/LY33-A55Q); Petitioners’ Memorandum of Law in Support of the Order to Show Cause for a Temp. Restraining Order and Preliminary Injunction at 2, Carter v. Iconix Brand Group Inc., No. 655894/2018 (N.Y. Sup. Ct. Nov. 28, 2018) (available at https://perma.cc/98WE-VRVJ).

Jay-Z’s attorneys complained about the list’s lack of diversity, and the AAA provided them six additional names. Of those six, however, Jay-Z claimed black representation was still absent. Only three of the newly suggested arbitrators appeared to be black—two men and one woman—and one of the arbitrators was a partner at a law firm representing Jay-Z’s adversary in the underlying arbitration. One of the additional arbitrators was Asian American, another was South Asian, and a third was Latino.