Shattering The Glass Ceiling In Arbitration
- IJLLR Journal
- Jun 2
- 2 min read
Adv. Sailee Pratik Bhosle & Adv. Roger Raju Nipu, D. Y. Patil Deemed to be University, School of Law
“No country can ever truly flourish if it stifles the potential of its women and deprives itself of the contributions of half of its citizens.”
— Michelle Obama
1.1 INTRODUCTION
Arbitration typically moves more quickly than court proceedings as parties have more control over the process where they can tailor the procedure, format and rules based on their convenience and requirements. It provides a neutral platform to the parties and hence it becomes easy to avoid the complexities jurisdictions and legal systems of different nations. It also provides greater predictability in terms of control over expense and time. With all the benefits it has to offer, Arbitration is missing one element and that is Gender Parity. The gender bias has historically disadvantaged women over men in arbitration and there is a need of equal representation and participation of all genders in the process of arbitration. Gender Parity means breaking down gender-based biases that have limited opportunities for women ensuring that arbitration panels, arbitrators, advocates, experts, and other stakeholders in the arbitration process reflect a fair and balanced representation of society. The LCIA points out that “the percentage of women selected as arbitrators by the parties has actually decreased in 2021 and this is compounded by a greater proportion of repeat appointments of individual arbitrators.1 Through Gender Parity individuals of all gender identities, have an equal chance to participate as arbitrators, advocates, experts, or in any other capacity within arbitration proceedings and create inclusive environments within arbitration institutions, organizations, and legal frameworks. Dr. Salomon, President of the International Chamber of Arbitration (ICC), said in a statement, “We’re making progress in terms of gender equity in international arbitration. We’re seeing an incredible number of female arbitrators appointed, women in leadership positions, and women shaping the industry. But there’s so much more work to do. I want all women who are interested in international arbitrations to know that they’re not alone.”2 Diverse perspectives and experiences can lead to more well-rounded and informed judgments in dispute resolution processes, ultimately contributing to a more just and equitable legal system.
