Justice Nagarathna emphasized that appointing more women as court-appointed arbitrators could address the criticism of arbitration being male-dominated. By increasing female representation, the arbitration field can become more balanced and inclusive, helping to dispel perceptions of gender bias.
New Delhi: In recent discussions, Justice Nagarathna emphasized the importance of increasing the representation of women in the field of arbitration, particularly through court-appointed positions.
Justice B.V. Nagarathna, a judge of the Supreme Court of India, stated,
“Prioritizing the appointment of women as court-appointed arbitrators would significantly help address the criticism that arbitration is a male-dominated field.”
In her inaugural address at the first edition of the ‘Bengaluru Alternative Dispute Resolution Week,’ Justice B.V. Nagarathna emphasized that diversifying the pool of court-appointed arbitrators to include practitioners and sector-specific experts, with a particular focus on prioritizing women arbitrators, has the potential to bring about significant changes in India’s arbitration system, an alternative dispute resolution mechanism.
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Justice Aravind Kumar, a Supreme Court judge, highlighted in his keynote address on “Expanding the Horizon: Marching Towards a World-Class Arbitral Institution” that India falls behind as an arbitration destination due to challenges related to its legal and regulatory framework, cultural and structural barriers, perception issues, and competition from well-established international arbitration centers.
He emphasized that,
“Perceptions regarding neutrality, the quality, and efficiency of Indian arbitral institutions have dissuaded international parties from selecting India as their arbitration venue.”
Justice Aravind Kumar expressed that India, particularly Bengaluru, has the potential to emerge as a global arbitration hub if world-class arbitration facilities are established through addressing existing challenges and with the collaboration of legal professionals, policymakers, and businesses.
He also stressed the importance of setting up arbitration centers in tier-two and tier-three cities, where court case backlogs are significant.
Chief Justice of the Karnataka High Court, N.V. Anjaria, emphasized that while developing a robust arbitration system, it is crucial to ensure that this mechanism extends beyond businesses and the commercial sector, avoiding becoming an exclusive system for dispute resolution.
Chief Justice Anjaria said,
“It must serve the needs of all classes of litigants, making the arbitral process transparent, dependable, economical, and honest,”
He further added,
“It has to reform itself as a litigant service process so that even smaller and relatively poorer classes of litigants can access the arbitration process.”
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Implementing such a policy requires concerted efforts from multiple stakeholders, including the judiciary, legal institutions, and arbitration bodies. It involves not only appointing more women as arbitrators but also providing them with the necessary training and opportunities to excel in these roles. Moreover, there needs to be a cultural shift within the legal community to recognize and value the contributions of women arbitrators.
In conclusion, Justice Nagarathna‘s call to prioritize women as court-appointed arbitrators is a crucial step toward redressing gender imbalances in arbitration. By fostering greater diversity among arbitrators, the legal system can enhance its fairness, impartiality, and effectiveness, ultimately benefiting all parties involved in arbitration proceedings.