Justice Indira Banerjee explains why fewer women are appointed as arbitrators

Justice Indira Banerjee Highlights Gender Disparity in Arbitrator Appointments

Former Supreme Court judge Justice Indira Banerjee has attributed the relatively low representation of women among arbitrators, in part, to the historical underrepresentation of women in India's higher judiciary, particularly the Supreme Court.

She was speaking at the launch of Arbitrator Appointments in Numbers, an empirical study prepared by the Milon K. Banerji Arbitration Centre (MKBAC) at NALSAR University of Law, Hyderabad. The study examined court-appointed arbitrators and highlighted significant gender disparities in appointments.

According to the findings reported by Bar and Bench on October 13, 2026, men accounted for approximately 70% of court-appointed arbitrators, while women received around 30% of appointments. The research examined 3,688 cases filed in 2025 before the Supreme Court, Delhi High Court and Bombay High Court.

Justice Banerjee explained that parties frequently prefer retired Supreme Court judges for arbitration appointments. However, the limited historical representation of women on the Supreme Court means that the pool of available retired women judges is comparatively small.

She noted that she was only the eighth woman appointed as a Supreme Court judge, illustrating the longstanding gender imbalance in the higher judiciary. According to her assessment, only a handful of retired women Supreme Court judges may be available for arbitration appointments at a given time.

Justice Banerjee nevertheless emphasised that competence and integrity must remain central to the appointment process. Her remarks highlighted the importance of considering both structural barriers and professional qualifications when addressing the gender gap in arbitration.

The study also revealed a concentration of appointments among particular professional groups. Advocates received approximately 73% of appointments, retired judges around 23%, and technical experts approximately 3%. It further found that 5% of arbitrators received nearly one-fourth of all appointments.

The event also addressed broader challenges in arbitration, including delays in proceedings, judicial scrutiny of arbitrator appointments under Section 11 of the Arbitration and Conciliation Act, 1996, and extensions of arbitral mandates under Section 29A. Participants discussed whether appointment procedures, arbitrator availability and court practices could be improved to strengthen the arbitration framework.

The findings bring renewed attention to gender diversity in India's dispute-resolution system. Expanding opportunities for qualified women arbitrators, alongside transparent and merit-based appointment practices, remains an important consideration for improving representation in arbitration.

Source: Bar and Bench, October 13, 2026.