Justice B. V. Nagarathna has suggested a reform to improve gender diversity in arbitration, proposing that every three-member arbitral tribunal should include at least one woman.
While speaking at a symposium on women’s leadership in arbitration organised by the Indian Council of Arbitration in New Delhi, Justice Nagarathna highlighted the continued lack of adequate female representation in arbitral proceedings. She pointed out that despite the increasing number of women entering the legal profession, their presence as arbitrators remains limited.
According to the judge, arbitration panels are often dominated by a small and largely male group of practitioners. She stressed that greater participation of women is necessary to make the dispute resolution process more inclusive and reflective of the diversity within the legal profession.
To address this imbalance, Justice Nagarathna proposed that whenever an arbitral tribunal is composed of three members, at least one seat should be reserved for a woman. She noted that such a measure could gradually create more opportunities for women lawyers and expand the pool of qualified arbitrators.
The judge also emphasised the importance of mentorship and institutional support in encouraging women to pursue careers in arbitration. Providing platforms for capable women professionals and ensuring fair opportunities, she said, would contribute to a more balanced and representative arbitration ecosystem.
Her remarks come at a time when the legal community is increasingly discussing ways to improve gender diversity across various institutions, including courts, tribunals, and alternative dispute resolution mechanisms.
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