Justice B.V. Nagarathna on Expanding Diversity & Quality in Indian Arbitration at DAW 2025

Supreme Court Justice B.V. Nagarathna called for broadening the arbitrator pool beyond retired judges and well-known names, emphasizing the need for specialists—including non-lawyers—and encouraging younger professionals and more women to enter arbitration. She observed that arbitration in India remains male-dominated, with structural barriers for gender diversity. Justice Nagarathna urged stronger institutions, better quality of arbitral awards, and reduced judicial interference—arguing that high quality, well-reasoned awards reduce court interventions. She advocated for institutional arbitration (rather than ad-hoc), procedural fairness, procedural timelines, and ethical norms. The speech also addressed issues like the dominance of ad-hoc arbitrations, delays in awards, enforcement treated like civil decrees, and the need for clear eligibility norms for arbitrators. Infrastructure, awareness, and investment were seen as crucial. She supported draft reforms such as the Arbitration Amendment Bill 2024’s proposals for a party-consented appellate tribunal.