The Supreme Court Judge Justice Hima Kohli emphasized the importance of promoting women to leadership positions and ensuring their active participation in key roles. Speaking at a recent event organized by the International Arbitration & Mediation Centre, Hyderabad, Justice Kohli highlighted the sociological dimensions of international arbitration, focusing on impartiality and diversity.
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Justice Kohli articulated,
“Promoting women to leadership positions, encouraging their participation as key speakers at conferences, and ensuring their representation on panels are steps towards overcoming an unconscious bias and recognising the true value women bring to the table as decision-makers.”
Her statement underscores the critical need to acknowledge and leverage the unique perspectives and skills women contribute to decision-making processes.
In her address, Justice Kohli pointed out the significant role corporate entities play in the arbitration sector. She stressed,
“Corporate entities, as significant stakeholders in arbitration, have a critical role to play. They are expected to include women in lists of potential arbitrators or in counsel roles.”
This call to action aims to dismantle the gender barriers within the legal framework and promote a more inclusive environment.
Further elaborating on the pathway to gender inclusivity, Justice Kohli suggested,
“Providing young women lawyers with internships and opening doors to gaining practical experiences in legal departments and government sectors can pave the way for their future inclusion as partners in law firms, arbitrators, judges, and members of Tribunals and Commissions.”
This approach not only fosters gender diversity but also ensures that women have equal opportunities to advance and excel in their careers.
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Highlighting the importance of diversity beyond gender, Justice Kohli remarked,
“The discourse on diversity within the realm of international arbitration must extend beyond the confines of gender to include a broad spectrum of diversity, encompassing sexual orientation, geographical origin, cultural backgrounds, and age diversity.”
She advocates for an arbitration process that reflects the global society’s diversity, enhancing the legitimacy and fairness of its outcomes.
Justice Kohli praised the Indian judiciary for its proactive stance in championing equal opportunities and highlighted the increasing representation of women in the field of arbitration. She noted,
“Before 2015, women formed a minuscule fraction of arbitrators and accounted for five women, a paltry 3.5 per cent of the 145 investment treaty arbitrators.” She then added, “Between 2015 and 2021, the percentage of women appointed as arbitrators has nearly doubled from 12.6% to 26.1%.”
In conclusion, Justice Kohli’s message is clear: embracing diversity and inclusivity is not merely an ethical imperative but a strategic necessity for the effective functioning of international arbitration. She calls for a collective effort to
“break down barriers, foster inclusivity, and ensure that the arbitration community is a true reflection of the rich diversity of the global population it serves.”
This vision for a more inclusive legal landscape is not only a step towards overcoming unconscious bias but also a stride towards a more equitable and just society.
