Vice President Dhankhar Sheds Light on the Need for Diversity in India’s Arbitration System
Introduction
In a bold and insightful address, Vice President Jagdeep Dhankhar recently highlighted the critical issue of the dominance of retired judges in India’s arbitration space. Speaking at the 6th annual International Chamber of Commerce (ICC) India Arbitration Day, Dhankhar’s comments underscore the urgent need for diversity and reform in the arbitration system in India.
Dominance of Retired Judges
Vice President Dhankhar pointed out the unique situation in India, where retired judges hold a “tight-fist grip” over the arbitration space. This scenario is unlike any other country, indicating a significant lack of diversity in the appointment of arbitrators. Dhankhar’s observations align with those made earlier by Chief Justice of India DY Chandrachud, who also criticized the over-representation of retired judges in arbitration roles.
Advocating for Change and Diversity
The Vice President applauded CJI Chandrachud for his courage in speaking out against this trend, highlighting the need to look beyond the “old boys club mentality.” Dhankhar emphasized the importance of including other qualified candidates in arbitration roles to ensure a more robust and inclusive legal system.
Celebrating Women’s Achievements in Arbitration
A significant portion of Dhankhar’s address was dedicated to the achievements of women in the legal field. He celebrated the election of Claudia Salomon as the President of the International Court of Arbitration, marking her as the first woman to hold this prestigious position. Dhankhar recognized her election as a breakthrough in the global rise of women in arbitration and legal systems.
Addressing India’s Economic Growth and Dispute Resolution
With India’s explosive economic growth, Dhankhar noted the inevitable increase in commercial disputes. He stressed the need for a robust, fast, scientific, and effective arbitration system, which can be achieved through institutional arbitration and minimizing judicial interventions.
The Need for Reform
The Vice President also touched upon the challenges posed by judicial interventions in the arbitration process. He called for a mechanism to minimize these interventions, emphasizing that the legal fraternity’s gains should not come at the cost of national prosperity.
The Role of Arbitral Institutions
Dhankhar concluded his speech by underscoring the growing importance of arbitral institutions in India. He advocated for necessary legal changes to strengthen these institutions and make them central to the legal system.
Conclusion
Vice President Jagdeep Dhankhar’s remarks at the ICC India Arbitration Day serve as a clarion call for reform in India’s arbitration system. His emphasis on diversity, inclusion, and the need for institutional strengthening highlights the path forward for a more efficient and equitable dispute resolution mechanism in India.
