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significantheadlines2024 SCC OnLine Guj 1568

Gujarat High Court urges wider pool of arbitrators, including women and technical experts

KanoonHQ Legal Gazette · AI-generated brief from the source linked below. How briefs are made
Published
Case
Gujarat State Civil Supplies Corporation Ltd. v. M/s. Mahakali Foods
Bench
Justice Biren Vaishnav
Citation
2024 SCC OnLine Guj 1568
Decided
Bottom Line Up Front (BLUF)

In Gujarat State Civil Supplies Corporation Ltd. v. M/s. Mahakali Foods, the Gujarat High Court (Justice Biren Vaishnav) on 2024-04-18, 2024 SCC OnLine Guj 1568, urged the High Court's Arbitration Committee to widen the pool of arbitrators to include more women and technical experts, while deciding an application under Section 11 of the Arbitration and Conciliation Act, 1996.

Ratio Decidendi · Legal Principle Established

The High Court, while exercising its power under Section 11 of the Arbitration and Conciliation Act, 1996, can suggest improvements to the process of arbitrator appointment, including broadening the diversity and expertise of the available panel.

Practice & Procedural Impact for Advocates

Advocates should consider proposing arbitrators from a more diverse background, including women and technical experts, especially in cases requiring specialized knowledge. Litigants should be aware that courts may increasingly encourage diversity in arbitrator appointments. The High Court's Arbitration Committee may revise its panel of arbitrators to reflect this suggestion.

Key Legal Takeaways

  • 1High Court suggests increasing diversity in arbitrator appointments.
  • 2Emphasis on including more women and technical experts in the arbitrator pool.
  • 3The suggestion was made in the context of an application under Section 11 of the Arbitration and Conciliation Act, 1996.

The Legal Issue In an application filed under Section 11 of the Arbitration and Conciliation Act, 1996, seeking the appointment of an arbitrator, the Gujarat High Court considered the existing process of arbitrator selection. The core issue was not merely the appointment of an arbitrator for the specific dispute, but also the broader composition and diversity of the panel from which arbitrators are typically drawn.

Court's Reasoning Justice Biren Vaishnav of the Gujarat High Court, while deciding the application in *Gujarat State Civil Supplies Corporation Ltd. v. M/s. Mahakali Foods*, observed that the pool of arbitrators should be expanded. The court noted that the current panel often lacks sufficient representation from women and individuals with specialized technical expertise. The court emphasized the need for a more inclusive and diverse panel to ensure that arbitration proceedings benefit from a wider range of perspectives and specialized knowledge, particularly in disputes that involve complex technical aspects. This observation was made to enhance the efficacy and fairness of the arbitration process.

What Follows The Gujarat High Court directed the Registry to forward its suggestion to the High Court's Arbitration Committee. The Committee is urged to consider widening the pool of arbitrators to include more women and technical experts. This implies that the Arbitration Committee may review and revise its existing panel of arbitrators to incorporate the court's recommendations, potentially leading to a more diverse and specialized selection of arbitrators in future appointments under Section 11 of the Arbitration and Conciliation Act, 1996.

Read the Bar & Bench report