Arbitral Institutions Should Integrate Gender Quotas, Established Arbitrators Must Mentor Aspiring Female Arbitrators: Justice Tara Vitasta Ganju

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Update: 2025-03-12 04:26 GMT
Arbitral Institutions Should Integrate Gender Quotas, Established Arbitrators Must Mentor Aspiring Female Arbitrators: Justice Tara Vitasta Ganju
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While batting for gender diversity in arbitration, Delhi High Court judge, Justice Tara Vitasta Ganju said that established arbitrators, regardless of gender, must actively mentor aspiring female arbitrators, creating pathways for access to high-stakes cases and fostering professional growth.

Stating that gender representation in arbitration is a pressing issue in the evolution of alternative dispute resolution, the judge said that despite its modernity, arbitration has not been immune to the gender disparities prevalent in the broader legal profession.

“True justice is not just about decisions rendered but also about the voices involved in making them. Diversity in arbitration is not just an aspiration – it is essential and a matter of fairness,” she said.

Justice Ganju was speaking at an event hosted by JSA Advocates & Solicitors along with along with Indian Women in International Arbitration on the theme “The Future is Female: Increasing Representation in Arbitration.”

“When women's voices are heard and their perspectives considered in decision-making, both justice and development are strengthened. Achieving true equality requires collective effort—through stronger policies, inclusive frameworks, active advocacy, and the dismantling of harmful biases. By working together, we pave the way for a more just and equitable future for all,” the judge said.

In her keynote address, Justice Ganju said that bias in arbitration is not merely unconscious but it is often deliberate.

She said that despite widespread recognition of gender disparities, appointments continue to favour men, reflecting a systemic reluctance to change the status quo.

Emphasising that gender diversity drives institutional change, she said that gender in leadership create inclusive cultures and mentorship pipelines, expanding opportunities for future generations.

“Universities, legal academies, and bar associations should embed gender diversity awareness in arbitration, ensuring that emerging legal professionals are attuned to the importance of inclusivity in dispute resolution,” the judge said.

She added: “Arbitral institutions must establish formal gender diversity benchmarks and integrate gender quotas within arbitrator rosters. Even the judiciary can contribute by promoting junior female counsel and ensuring balanced panels.”

Justice Ganju said that in order to close the gender gap in arbitration, India must take decisive action.

She said that arbitral institutions such as the Mumbai Centre for International Arbitration (MCIA) and the Delhi International Arbitration Centre (DIAC) should implement robust diversity policies and publish gender-disaggregated data to ensure transparency.

“The judiciary can also play a key role by endorsing gender-inclusive arbitration policies and fostering a more inclusive legal landscape. Both independent and institutional arbitration settings should actively involve and appoint women arbitrators,” Justice Ganju said.

She added that celebrating accomplishments of women arbitrators can elevate their visibility within the arbitration community and inspire more women to enter the field.

“A visibility boost would encourage more women to pursue careers in arbitration, instilling confidence within society, including clients, to nominate women arbitrators. This could entail showcasing successful cases handled by women arbitrators or establishing awards specifically for women in arbitration. Firms and institutional arbitration forums should likewise prioritize involving and appointing women arbitrators,” she said.

Concluding, Justice Ganju said that let us remember that the pursuit of diversity in arbitration is not just about fairness—it is about excellence, credibility, and justice. 

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