Gender Discrimination in Arbitration

Name of Author : Niharika Chauhan

Abstract: In recent times, there is a rapid increase in International Arbitration and especially during the COVID – 19 Pandemic the demand of arbitration as alternate dispute resolution mechanism is growing leaps and bounds.2 In order to handle maximum number of cases expeditiously, the arbitral institutions are required to use their workforce to the maximum. But it is to be noted that this arena is too inundated with gender prejudices and is pierced with male dominance.3 The efficiency of the institutions would achieve the best results if equal opportunity of participation is given to the female lawyers, competent and qualified arbitrators. The ratio of women involvement in arbitral institutions is matter of concern globally. Gender inequalities in the workplace has been persistent for decades and not much measures/actions has been taken to address the same. With the inception of Feminism, debates over gender equality and women participation has increased. However, arbitral institution as well as courts clearly manifest gender discrimination. Despite India being signatory to numerous international conventions dealing with women empowerment issues, there is no denial that gender equality is far from being achieved. The arbitral institutions in India do not proactively appoint females to run the proceedings, neither they provide equal opportunities to women internally as compared to their male counterparts. Although, globally arbitral institutions have taken some commendable steps to address the issue but there is a long way ahead to achieve the diversity and equality. It is now time to appreciate the full potential of women and increase diversity in the field of arbitration.

Keywords : Arbitration, COVID – 19, ERA Pledge

DOI :