Gujarat High Court emphasizes gender diversity and technical expertise in arbitrator appointments, noting only 29.97% of appointees are women. Parties, counsel, and institutions are urged to improve representation.
Gujarat HC Advocates Inclusivity in Arbitral Appointments
In a significant move towards enhancing diversity in alternative dispute resolution, the Gujarat High Court has highlighted that only 29.97% of arbitrators appointed in recent cases are women. The court urged parties, legal counsel, and arbitration institutions to proactively include more women and technically qualified experts in the selection process for arbitrators.
The observation came during the hearing of a writ petition relating to institutional arbitration. While examining data submitted by an arbitration centre, the court noted a persistent gender imbalance and a lack of domain-specific specialists in technical, financial, and engineering disputes. It stressed that diversity strengthens institutional credibility and ensures balanced decision-making.
"Arbitration must reflect the society it serves. A lack of representation of women and technical experts undermines the legitimacy and effectiveness of the process,"
the court observed. It also recommended that arbitration institutions adopt inclusive appointment policies and publish diversity statistics periodically. For practitioners, this serves as a reminder to consider broader criteria when nominating or appointing arbitrators, ensuring compliance with emerging judicial expectations on equity and expertise in ADR mechanisms.
