Promoting women to leadership roles step in overcoming bias: Justice Kohli

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 against them, Supreme Court judge Justice Hima Kolhi has said.

Justice Kohli was speaking on Tuesday at a programme organised by the International Arbitration & Mediation Centre, Hyderabad and others here on the topic of The Sociological Dimension of International Arbitration: Impartiality & Diversity'.

She said promoting women to leadership positions will recognise the true value which they bring to the table as decision makers.

Corporate entities, as significant stakeholders in arbitration, have a critical role to play. They are expected to include women in lists of potential arbitrators or in counsel roles.

Providing young women lawyers with internships and opening doors to gaining practical experiences in legal departments and government sectors can pave the way for their future inclusion as partners in law firms, arbitrators, judges, and members of Tribunals and Commissions, the apex court judge said.

Justice Kohli said that gender-based diversity among arbitrators is imperative for promoting inclusivity and fairness in the field of dispute resolution.

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.

Justice Kohli also said that the discourse on diversity within the realm of international arbitration must extend beyond the confines of gender to include a broad spectrum of diversity, encompassing sexual orientation, geographical origin, cultural backgrounds and age diversity.

Such an inclusive approach shall ensure that the arbitration process mirrors the rich tapestry of global societies, thereby enhancing the legitimacy and fairness of its outcomes, she said.

She said the Indian judiciary, known for its proactive stance, serves as a commendable model in championing equal opportunities for all, regardless of their identity.

Justice Kohli said women's representation is increasing in the field of arbitration and referred to a report to highlight her point.

She said before 2015, women formed a minuscule fraction of arbitrators and accounted for five women, a paltry 3.5 per cent of the 145 investment treaty arbitrators.

Between 2015 and 2021, the percentage of women appointed as arbitrators has nearly doubled from 12.6% to 26.1%. Arbitration institutions must be credited for having played a significant role in driving this trend...," she said.

Embracing diversity and inclusivity is not just an ethical imperative but a strategic necessity for enhancing the effectiveness of international arbitration. As we move forward, let us collectively strive to break down barriers, foster inclusivity, and ensure that the arbitration community is a true reflection of the rich diversity of the global population it serves.., Justice Kohli said.