Hyderabad: Men accounted for seven out of every 10 arbitrator appointments made by the Supreme Court and the Delhi and Bombay high courts in 2025, according to a recent study by NALSAR University of Law. Of the 2,283 appointments for which gender information was recorded, 1,598, or 70.03%, went to men, while women accounted for just 685 appointments, or 29.97%, the study found.The gender disparity was evident across all three courts. Men accounted for 79.17% of appointments recorded at the Supreme Court, 71.30% at the Bombay High Court (BHC) and 68.88% at the Delhi High Court (DHC). The appointments were made under Section 11 of the Arbitration and Conciliation Act, 1996, which provides for the appointment of arbitrators by courts in certain circumstances.An arbitrator is an independent and neutral third party who resolves disputes outside the traditional court system. Arbitrators perform a role similar to that of judges, but the proceedings take place through arbitration rather than in a courtroom.The appointment of arbitrators assumes significance because a substantial proportion of cases filed under Section 11 ultimately results in an arbitrator being appointed, the NALSAR study noted.Titled ‘Arbitrator Appointments in Numbers’, the report was prepared by the Milon K Banerji Centre for Arbitration Law at NALSAR University of Law. It examines how cases filed under Section 11 are disposed of and the outcomes of the appointment process across the three courts.“When a case is filed under Section 11, it can end in one of four ways. The court can appoint an arbitrator, the petitioner can withdraw the case, the court can dismiss the petition, or parties can settle the dispute altogether. Appointment of an arbitrator is the dominant outcome in every forum, 82.61% at BHC, 78.02% at DHC, and 70.59% at the SC,” the report stated.It further noted that the difference in disposal patterns across the courts was largely attributable to variations in dismissal rates.“The difference is absorbed almost entirely by dismissals, which account for 17.65% of SC disposals against 4.02% and 5.09% in BHC & DHC respectively,” the report added.The study covered 3,688 unique cases, including 65 from the Supreme Court. The Milon K Banerji Centre for Arbitration Law, which conducted the research, is chaired by former Supreme Court judge Justice Rohinton Fali Nariman. Senior advocate Ritin Rai serves as its co-chair, while advocate Amit George is the director (research).While the study highlights the gender distribution among arbitrators appointed by the three courts, it does not examine whether the figures reflect the gender composition of the pool of eligible arbitrators.Data from the Bar Council of India, however, offers some insight into women’s representation in the legal profession and the judiciary. According to the data cited, around 1.16 lakh candidates cleared the All India Bar Examination (AIBE XXI) in 2026, of whom 42,757, or approximately 37%, were women.Women’s representation in the judiciary also declines sharply at higher levels. They account for around 37% of judges in district courts, approximately 15% in high courts and about 5% in the Supreme Court, according to the data.Chand Chopra, advocate and associate director (research) at the Milon K Banerji Centre for Arbitration Law, said the figures on arbitrator appointments must be viewed in the context of women’s representation in the legal profession and the judiciary.“These numbers are a reflection of women in the profession and the judiciary. The number of women judges in the country, especially in the higher judiciary is very low. Parties may want to appoint a retired Supreme Court or high court judge, but the pool of women judges is limited. Also, it is to be noted that our study is limited to the three courts which are known to champion the cause of women in the profession. The figures are likely to look very different if we look at other courts,” Chopra said.
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