Feminist Legal Theory and Arbitration: A Deep Dive into Gender, Justice, andAlternative Dispute Resolution

Sakshee Narayan Gore

doi:10.36948/ijfmr.2025.v07i06.60934

Feminist Legal Theory and Arbitration: A Deep Dive into Gender, Justice, andAlternative Dispute Resolution

Author(s)	Ms. Sakshee Narayan Gore
Country	India
Abstract	Arbitration—once seen as a neutral, apolitical mechanism of dispute resolution—has increasingly come under scrutiny from feminist legal theorists who challenge the implicit assumptions of neutrality embedded within it. The growing prominence of women in arbitral roles, often referred to as the “feminization of arbitration,” marks not just an increase in participation but a profound theoretical and practical shift. Anchored in feminist jurisprudence, this transformation calls for a critical re-examination of arbitration’s foundational structures, exposing how patriarchal norms have historically shaped procedural standards, arbitrator appointments, and even the substance of decision-making. This paper explores how feminist legal theory redefines arbitration, moving it from a privately governed, traditionally male-dominated field toward a more inclusive, ethically grounded, and socially responsive process. It argues that gender diversity is not merely a demographic concern but a jurisprudential necessity that introduces alternative viewpoints, challenges hierarchical power dynamics, and prioritizes equity over neutrality. Through a comparative analysis of Indian and international practices, and by examining landmark case studies, this research reveals that panels enriched with diverse perspectives demonstrate enhanced procedural fairness, greater interpretive sensitivity, and an increased legitimacy in their outcomes. Rather than positioning men and women in opposition, the study underscores the broader value of intersectional representation—recognizing that justice is most fully achieved when informed by multiple lived experiences. The feminization of arbitration thus stands not only as a structural shift but as a conceptual reimagining of justice itself: one that aligns arbitration with democratic values, human dignity, and the evolving demands of a pluralistic legal world.
Keywords	Feminist Legal Theory, Arbitration Gender Inclusivity, Procedural Justice, Alternative Dispute Resolution (ADR), Intersectionality, Trauma-Informed Hearings, Equal Representation in Arbitration (ERA), Power Dynamics in Legal Practice, Transformative Justice.
Published In	Volume 7, Issue 6, November-December 2025
Published On	2025-11-22
DOI	https://doi.org/10.36948/ijfmr.2025.v07i06.60934
Short DOI	https://doi.org/

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Feminist Legal Theory and Arbitration: A Deep Dive into Gender, Justice, andAlternative Dispute Resolution

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