On Friday(13th Sept), Chief Justice DY Chandrachud highlighted the growing role of young Indian lawyers in arbitration, moving away from the traditional preference for retired judges. Speaking at a Supreme Court conference, he noted that this shift reflects India’s expanding legal talent pool, including women, in the field.
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NEW DELHI: Chief Justice of India (CJI) DY Chandrachud on Friday (13th Sept), emphasized the growing role of young Indian lawyers in arbitration, moving away from the long-held preference of appointing only retired judges as arbitrators. Speaking at the ‘Conference on International Arbitration and the Rule of Law’ organized by the Supreme Court of India, CJI Chandrachud highlighted how this evolving trend aligns with India’s burgeoning legal talent pool, particularly among young arbitration lawyers, including women, who are helping to reshape the traditionally male-dominated field.
The CJI, in his keynote address, pointed out that in recent times, the appointment of lawyers as arbitrators is gaining momentum, signaling a shift in the legal landscape. He shared that, of the 45 arbitrators appointed by his court over the past few months, nearly half were lawyers.
“My initial instinct was to appoint a retired judge due to traditional practices and familiarity. However, I now see the value in drawing from India’s growing pool of talented arbitration lawyers, who possess the expertise and skill to excel as arbitrators. There is ample opportunity, particularly for young women lawyers who are effectively addressing the gender imbalance in arbitration.”
– the CJI noted.
The CJI further explained how the shift towards appointing younger lawyers stems from the increasing demand for specialized knowledge in arbitration. He stressed that the age-old belief that only retired judges are suited for arbitration needs to be reconsidered.
“We need to challenge the myth that only retired judges can be effective arbitrators. While retired judges certainly can be, we should also explore the idea that skilled arbitrators can make excellent judges.”
-CJI Chandrachud stated.
As arbitration gains traction as a preferred means of dispute resolution, it needs judges with specialized expertise.
He highlighted that members of the bar with extensive arbitration experience have recently been appointed to various High Courts, signifying a broader recognition of the value that experienced arbitration lawyers bring to the judiciary.
“Advocates significantly experienced in international arbitration are being designated seniors by the Supreme Court of India,”
-he added.
During the event, CJI Chandrachud also called upon India to assert its leadership in the global arena of international arbitration. As India strengthens its reputation in legal excellence, particularly in dispute resolution, there is a significant opportunity for the country to lead in international arbitration matters.
He said-
“India must take the lead in international arbitration, offering its legal expertise to address complex cross-border disputes.”
This ambition was in line with the discussions of the conference, which marked both the 75th anniversary of the Supreme Court of India and the 125th anniversary of the Permanent Court of Arbitration (PCA).
The conference also featured notable legal minds, including Supreme Court judge Justice Sanjiv Khanna, former Supreme Court judge Justice Indu Malhotra, and Supreme Court Bar Association president Kapil Sibal, who provided their insights on arbitration and the broader implications for India.
Justice Indu Malhotra, a former Supreme Court judge known for her work in arbitration, elaborated on the crucial role the Permanent Court of Arbitration (PCA) has played in resolving politically sensitive cases around the world. She reminded the audience of the PCA’s involvement in high-profile international disputes involving India.
“The PCA has handled several politically sensitive cases globally, including the Indus Water Treaty case, the maritime boundary dispute between India and Bangladesh, and the Italian marines case.”
-she shared.
Her statement highlighted the PCA’s role as a significant player in resolving complex international disputes, many of which have direct implications for India’s geopolitical and legal landscape.
Kapil Sibal, president of the Supreme Court Bar Association and a prominent legal figure, spoke about the importance of arbitration in fostering economic progress in the global south. Sibal emphasized that efficient and timely arbitration proceedings, along with well-structured investment treaties, are vital for both domestic growth and the attraction of foreign investments.
“It will be a win-win for investors and us both; just as investors need us, we too need investors,”
-he remarked, stressing the mutual benefits of international arbitration in ensuring the economic development of emerging economies.
Justice Sanjiv Khanna added to the discourse by underscoring the concept of adjudicatory interdependence, a notion that he noted is seldom discussed in mainstream media. He emphasized that just as humans are naturally prone to disputes, resolving those disputes is equally inherent to human interaction.
“While media and political leaders often discuss maintaining global political order, adjudicatory interdependence is rarely addressed. Just as disputes are a natural part of human interaction, so is their resolution.”
– he explained, pointing out that dispute resolution mechanisms such as arbitration play a critical role in maintaining global order.
A notable theme throughout the CJI’s address was the empowerment of young lawyers, especially women, in the field of arbitration. The CJI highlighted that the legal profession, especially in arbitration, is witnessing a positive transformation where young women lawyers are actively contributing to reducing gender imbalance. This not only brings more diversity to the table but also enriches the arbitration process with varied perspectives.
“Young women lawyers are completely displacing gender imbalance in the world of arbitration,”
– the CJI said, reflecting on how this demographic shift is reshaping the arbitration landscape in India.