CORE COMMITTEES: GENDER DIVERSITY
Creating Inclusive Insolvency Courts: A Model Code of Conduct
By Antonia Menezes and Nina Pavlova Mocheva
The World Bank’ s report“ Women, Business and the Law” illustrates how more than one third of the world’ s economies have laws constraining women’ s decisions to join and remain in the workforce. 1 Courtrooms should be places of fairness, professionalism, and respect- but for many women professionals working in the field of insolvency law, that’ s far from the reality. In many parts of the world, women insolvency lawyers and administrators face dismissive treatment, subtle exclusion, and at times, outright hostility within courts. The insolvency field is still largely viewed as a male-dominated profession, because of its adversarial nature and women professionals still face many barriers from entry and advancement. 2
That’ s why the World Bank’ s Insolvency & Debt Resolution( IDR) Program is partnering with the International Insolvency Institute’ s( III) Gender Subcommittee to co-develop a Model Code of Conduct for judicial – counsel or counsel-counsel interactions. The goal is
1 https:// wbl. worldbank. org / en / data / exploretopics / wbl _ sj
2
For example, in Australia, the gender gap is stark in certified roles: in 2024, only about 10 % of registered liquidators and 13 % of registered trustees were women. In the UK, a 2024 analysis found that on average, only 15 % of licensed insolvency practitioners were women. simple but powerful: to help create safer, more respectful, and inclusive court environments where all professionals, regardless of gender, can do their best work.
This code will set clear, enforceable standards for behavior and professional interaction within insolvency courts. It will provide specific guidelines for judge – counsel / counsel-counsel interactions, ensuring that all stakeholders involved in court proceedings uphold respectful, equitable, and professional treatment toward female insolvency lawyers.
Whilst these standards apply more broadly to all court interactions, the focus is on insolvency proceedings given the mandate of III and the World Bank IDR Program. Nonetheless, the objective of the model code goes beyond a single legal domain. It’ s meant to be scalable- a framework that other sectors and jurisdictions can adopt to build a broader culture of dignity, respect, and equality.
To make this code effective and relevant, research has been undertaken by a committed team of III and NextGen volunteers focused on analyzing codes of conduct from around the world. This review will highlight best practices and identify critical gaps, particularly around gender sensitivity and accountability.
This research forms the foundation for a practical, context-sensitive code- one that is informed by real challenges and tailored for meaningful impact, especially in regions where gender bias in the legal profession is most acute.
At the same time, this project will go beyond research. A series of interviews is being conducted with female judges and litigation counsel across developing countries. Their firsthand
continued on page 56
43