Justice Hima Kohli Calls For Creation Of Specialized Arbitration Institutions And To Promote Gender Diversity Amongst Arbitrators

“Specialized Arbitration Bar Will Make India An Arbitration Hub”Supreme Court Judge Justice Hima Kohli delivered an address to commemorate International Arbitration Day (October 7) at an event hosted by The International Arbitration & Mediation Centre (IAMC), Hyderabad in collaboration with Shardul Amarchand Mangaldas & Company.Justice Kohli commenced the address by giving a brief explanation about the historical background and significance of arbitration. She stated that arbitration in a structured might have gained prominence recently only. She stated that arbitration as a dispute resolutions process gained prominence due to its dynamicity and flexibility to develop, adapt and upgrade to meet the needs of its users. Justice Kohli referred to ancient arbitration practices that existed in Middle Eastern regions and stated that it was the most relied upon method of dispute resolution in the Arab Community. She then mentioned that arbitration as a dispute resolution method was followed in Russia and under Roman laws also. Justice Kohli stated that Singapore which stands out as global hub for modern arbitration, from its early days, has followed dispute resolution methods espousing the valued principles of communal harmony and consensus-driven adjudication. Justice Kohli then elaborated on the growth of arbitration in South Asia and Middle East. She stated that factors like community inclination, pro-arbitration approach of governments and Courts have led to the development of arbitration as a dispute resolution means in the countries of the Asia-Pacific region. Regarding the growth of arbitration in Asia, she referred to the 2021 Survey conducted by Queen Mary University of London and stated that, out of the five most preferred arbitration institutions in the World, three are situated in Asia- Singapore International Arbitration Centre (SIAC), Hong Kong International Arbitration Centre (HKIAC), China International Economic and Trade Arbitration Commission (CIETACT). “The flavour of arbitration in Asia has been augmented by the generally pro-arbitration stance taken by countries in the region. Arbitration hubs and institutions in Asia have reached new heights in their growth and popularity, achieving stellar global rankings and an ever- growing number of case filings.”Justice Kohli lauded the constructive steps undertaken in India for the growth of arbitration in the recent years. “In recent years, India has also made significant strides in establishing itself as a reliable and trustworthy partner in arbitration services. The setting up of IAMC at Hyderabad along with other prominent arbitration institutions such as a) the Indian Council of Arbitration (ICA) – New Delhi; b) Delhi International Arbitration Centre (DIAC) – New Delhi; c) Mumbai Centre for International Arbitration (MCIA) – Mumbai; d) the Indian Chamber of Commerce’s (ICC) Council of Arbitration – Kolkata; and e) New Delhi International Arbitration Centre (NDIAC) – New Delhi are a prime example of the constructive step taken towards enhancing the Alternative Dispute Resolution (ADR) landscape of the country.”She noticed that the prominence of arbitration institutions in India as well as globally points towards the need for evolving a Specialized Arbitration Bar which comprises of experts and legal practitioners dedicated to arbitration. Justice Kohli stated that arbitration will become the primary of mode of dispute resolution when this specialized bar will work along with leading arbitration institutions. Justice Kohli shared her experience of chairing a session on ‘ADR in International Transactions’ at an International Conference organized by the Bar Counsel of India where she emphasized the need for creating a Specialized Arbitration Bar in India that will boost both domestic and international confidence in India as an arbitration hub. She also cited International Bar Association Arbitration Committee (the IBA Committee) as an example to this. “Specialized Arbitration Bar will promote a cultural shift in the legal community, positioning arbitration as a niche field of expertise. It will attract fresh talent and, at some stage, perhaps call for specialised Arbitral Tribunals at High Courts and District levels, akin to Commercial Benches. Regular workshops and training sessions will streamline every facet of the arbitration process, from drafting to enforcement.”In this regard, she pointed out that Attorney General of India, R. Venkataramani in a conference organized by India International Arbitration Centre (IIAC) mentioned about the creation of All India Arbitration Bar and that was a step in the right direction.Going forward, Justice Kohli cited judicial decisions to the show Indian Judiciary’s unwavering support for the growth of arbitration process. The judiciary has adapted and responded to the new challenges faced in the field of arbitration by adopting a minimal intervention approach while dealing with arbitral awards, she stated:“It...

Justice Hima Kohli Calls For Creation Of Specialized Arbitration Institutions And To Promote Gender Diversity Amongst Arbitrators

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