Justice SR Krishna Kumar of the Karnataka High Court recently emphasized that maintaining high ethical standards and ensuring transparency are essential to preserving the credibility of Alternative Dispute Resolution (ADR) processes. Speaking at the India ADR Week event organized by the Mumbai Centre for International Arbitration (MCIA) in Bengaluru on September 23, Justice Kumar highlighted the increasing prominence of ADR both globally and in India. He stressed that upholding ethics and transparency is critical to preventing misuse and ensuring fairness within ADR processes.
“Given the private and flexible nature of ADR, these principles become even more crucial. Parties engaging in ADR expect impartiality and fair treatment, and ethical conduct by neutrals—whether arbitrators, mediators, or conciliators—is essential to building trust and confidence in the process. The acceptance and enforceability of ADR outcomes depend on the perception that the proceedings were conducted ethically and transparently,” Justice Kumar stated.
He also underscored the importance of promoting gender diversity in arbitration, advocating for more women to be appointed as arbitrators. Referring to a recent speech by Supreme Court Justice BV Nagarathna, Justice Kumar noted that increasing the nomination of women as court-appointed arbitrators would address the criticism that arbitration has long been dominated by male practitioners. “Promoting women in these roles not only challenges the male dominance in arbitration but also enhances gender diversity, making the process more representative of society,” he added.
The six-day MCIA event features keynote addresses and panel discussions on ADR, with participation from judges, Senior Counsel, lawyers, and other stakeholders, held simultaneously in Delhi, Mumbai, and Bengaluru.
