In an enlightening discussion during India ADR Week 2026, Karnataka High Court Chief Justice Vibhu Bakhru advocated for increased diversity among arbitrators in the realm of international arbitration. This event, organized by the Mumbai Centre for International Arbitration (MCIA) in Bengaluru, featured a fireside chat with Senior Advocate Aditya Sondhi, where Chief Justice Bakhru shared his insights on the need for diversity and the current legal framework governing arbitration.
Diversity in Arbitration
Justice Bakhru emphasized the importance of having more diverse representation in international arbitration, particularly from regions like the Global South. He remarked, “One of the standing issues is about diversity. You need to have more brown in international arbitration than there is in the Global South. It’s possible that that doesn’t require an enactment.”
Legal Framework and Quality Control
When asked about the necessity for separate legislation to govern international arbitration in India, Justice Bakhru suggested that frequent amendments to existing laws might not be beneficial. “I don’t think we require multiple Acts…if you have very frequent amendments, if you have very frequent changes in the statutory structure, possibly the results may be amplified,” he stated. Furthermore, he advocated for more stringent quality control measures, noting that many issues arising under Section 34 could be mitigated with a thorough review process, similar to the ‘four-eye check’ in corporate environments.
Arbitration Reform Discussions
Karnataka High Court Justice Tara Vitasta Ganju also addressed the gathering, proposing a focus on a cohesive statutory system rather than isolated legislative tweaks. She stressed the need for the Arbitration Act to target specific areas where arbitration processes lose efficiency and credibility, such as jurisdiction appointments and procedural objections. Justice Ganju also highlighted the concern of judicial interference and delays, calling for a system-wide solution to inefficiencies that exist between tribunals and courts.
Panel on AI and Diversity in Arbitration
The event also featured a panel discussion on “AI, Algorithms and Access: Technology’s Impact on Diversity in Dispute Resolution,” moderated by JSA Partner Probir Roy Chowdhury. Panelists, including Senior Advocate CK Nandakumar, Rajah & Tann Partner Paras Lalwani, and Inmobi Vice President (Legal) Pooja Yedukumar, explored whether AI could widen the gap between parties due to unequal access to advanced AI tools. Nandakumar noted, “Arbitration is about dispute resolution. I think certainly AI can aid equal treatment because it gives everybody a shot at it,” while Lalwani cautioned that AI might increase disparities, as larger parties could afford more sophisticated tools.
More Read
Debate on Repeat Appointments
The program concluded with a debate on the subject “This House Believes that Repeat Appointments Are More a Threat Than a Badge of Excellence.” Participants, including Senior Advocate Dhyan Chinnappa and Argus Partner Bhavya Mohan, discussed the implications of repeat appointments in arbitration. The debate was moderated by RPC Partner Ankit Goyal and judged by Senior Advocate Harish Narasappa.
