Justice Hima Kohli of the Supreme Court on Tuesday emphasized the role of diversity in enhancing the efficacy of international arbitration..She emphasized that while international arbitration has long been a key mechanism for resolving cross-border disputes due to its flexibility and adaptability, its full potential can only be realized when it embraces diversity and inclusivity."For decades, international arbitration has been a pivotal mechanism for resolving cross-border disputes. Its dynamic nature — marked by two engaging characteristics, flexibility and adaptability — has been instrumental in meeting the evolving needs of its users. However, the full potential of international arbitration can only be realised when it is rooted in diversity and inclusivity," Justice Kohli said..The judge made the comments during a session titled Sociological Dimension of International Arbitration: Impartiality & Diversity, as part of the Delhi Arbitration Week (DAW) 2024 hosted by the International Arbitration and Mediation Centre (IAMC) Hyderabad in collaboration with Trilegal..Justice Kohli emphasized that a critical aspect of diversity is gender representation. She highlighted the historical male dominance in the legal field, including arbitration, and emphasized the need for promoting women to leadership positions and ensuring their representation in decision-making roles."Addressing this imbalance is not just about fairness; it is about enhancing the quality of decision-making and ensuring that the arbitration community reflects the diversity of the societies that it serves...Promoting women to leadership positions, encouraging their participation as key speakers at conferences, and ensuring their representation on panels are steps towards overcoming an unconscious bias and recognising the true value women bring to the table as decision-makers," she said..The judge also emphasized the role of data in understanding progress and challenges in achieving diversity."Compiling and publishing statistics related to appointments in various legal capacities is therefore essential. This transparency aids in identifying disparities and developing strategies to bridge gaps, ultimately fostering a more robust dispute-resolution ecosystem," she explained.She stressed that diversity in arbitration should extend beyond gender to encompass various dimensions such as sexual orientation, geographical origin, cultural backgrounds and age diversity. She emphasized that a diverse arbitration panel is better equipped to understand the nuances of cases and ensure fairness in the resolution process..The essence of effective dispute resolution, according to Justice Kohli, lies in impartiality and fairness, which necessitate a commitment to diversity and inclusivity. She emphasised the importance of confronting biases, upholding international frameworks and deepening the understanding of psychological aspects related to bias to ensure the integrity of the arbitration process..Further, Justice Kohli highlighted the challenge of maintaining quality standards while promoting diversity. She called for a nuanced approach and collaborative efforts to ensure that diversity enhances, rather than compromises, the integrity of the arbitration process..In conclusion, Justice Kohli called for concerted efforts to break down barriers, foster inclusivity and ensure that the arbitration community reflects the rich diversity of the global population it serves..The other panellists for the discussion were Justice Jasmeet Singh of the Delhi High Court; David Brynmor Thomas, King's Counsel, 39 Essex Chambers; Sherina Petit, Partner & Head of International Arbitration & India Practice, Stewarts Law and Vishrov Mukerjee, Partner, Trilegal. The session was moderated by Tariq Khan, Registrar, IAMC Hyderabad.The opening remarks were delivered by Trilegal Partner Ashish Bhan and the closing remarks were given by Partner Anuj Berry.The event also witnessed presence of Justices Tara Ganju and Rekha Palli of Delhi High Court, General Counsel, arbitrators, high court judges, senior advocates, and foreign law firm partners amongst others.
Justice Hima Kohli of the Supreme Court on Tuesday emphasized the role of diversity in enhancing the efficacy of international arbitration..She emphasized that while international arbitration has long been a key mechanism for resolving cross-border disputes due to its flexibility and adaptability, its full potential can only be realized when it embraces diversity and inclusivity."For decades, international arbitration has been a pivotal mechanism for resolving cross-border disputes. Its dynamic nature — marked by two engaging characteristics, flexibility and adaptability — has been instrumental in meeting the evolving needs of its users. However, the full potential of international arbitration can only be realised when it is rooted in diversity and inclusivity," Justice Kohli said..The judge made the comments during a session titled Sociological Dimension of International Arbitration: Impartiality & Diversity, as part of the Delhi Arbitration Week (DAW) 2024 hosted by the International Arbitration and Mediation Centre (IAMC) Hyderabad in collaboration with Trilegal..Justice Kohli emphasized that a critical aspect of diversity is gender representation. She highlighted the historical male dominance in the legal field, including arbitration, and emphasized the need for promoting women to leadership positions and ensuring their representation in decision-making roles."Addressing this imbalance is not just about fairness; it is about enhancing the quality of decision-making and ensuring that the arbitration community reflects the diversity of the societies that it serves...Promoting women to leadership positions, encouraging their participation as key speakers at conferences, and ensuring their representation on panels are steps towards overcoming an unconscious bias and recognising the true value women bring to the table as decision-makers," she said..The judge also emphasized the role of data in understanding progress and challenges in achieving diversity."Compiling and publishing statistics related to appointments in various legal capacities is therefore essential. This transparency aids in identifying disparities and developing strategies to bridge gaps, ultimately fostering a more robust dispute-resolution ecosystem," she explained.She stressed that diversity in arbitration should extend beyond gender to encompass various dimensions such as sexual orientation, geographical origin, cultural backgrounds and age diversity. She emphasized that a diverse arbitration panel is better equipped to understand the nuances of cases and ensure fairness in the resolution process..The essence of effective dispute resolution, according to Justice Kohli, lies in impartiality and fairness, which necessitate a commitment to diversity and inclusivity. She emphasised the importance of confronting biases, upholding international frameworks and deepening the understanding of psychological aspects related to bias to ensure the integrity of the arbitration process..Further, Justice Kohli highlighted the challenge of maintaining quality standards while promoting diversity. She called for a nuanced approach and collaborative efforts to ensure that diversity enhances, rather than compromises, the integrity of the arbitration process..In conclusion, Justice Kohli called for concerted efforts to break down barriers, foster inclusivity and ensure that the arbitration community reflects the rich diversity of the global population it serves..The other panellists for the discussion were Justice Jasmeet Singh of the Delhi High Court; David Brynmor Thomas, King's Counsel, 39 Essex Chambers; Sherina Petit, Partner & Head of International Arbitration & India Practice, Stewarts Law and Vishrov Mukerjee, Partner, Trilegal. The session was moderated by Tariq Khan, Registrar, IAMC Hyderabad.The opening remarks were delivered by Trilegal Partner Ashish Bhan and the closing remarks were given by Partner Anuj Berry.The event also witnessed presence of Justices Tara Ganju and Rekha Palli of Delhi High Court, General Counsel, arbitrators, high court judges, senior advocates, and foreign law firm partners amongst others.
