The Gujarat High Court has emphasized the need for greater inclusion of women and technical experts as arbitrators, noting that only 29.97% of appointees are women. The court issued directions aimed at promoting diversity in arbitration panels.
Gujarat HC Calls for Gender and Technical Diversity in Arbitration Appointments
The Gujarat High Court, in a recent order, has urged parties, counsel, and arbitration institutions to actively include more women and technical experts in appointments as arbitrators. The bench observed that current data reveals only 29.97% of arbitrators are women, a figure it deemed insufficient for achieving gender balance in alternative dispute resolution mechanisms.
The court emphasized that institutional arbitration rules and party practices should evolve to ensure equitable representation. It called upon bar associations, arbitration centres, and professional bodies to create awareness and recommend qualified women and technically skilled professionals for appointment as neutrals. The order aligns with broader judicial efforts to make arbitration more inclusive and representative.
For practitioners, this development signals the judiciary’s increasing scrutiny of appointment patterns in arbitrations. Law firms and arbitration institutions may need to review internal practices and appointment criteria to meet evolving expectations of diversity. Failure to justify exclusion of qualified women or technical experts could invite judicial comment in future cases.
