Chief Justice of India Surya Kant on Friday called for the integration of Artificial Intelligence (AI) into arbitration, emphasizing that the technology should be embraced through a robust procedural framework rather than being shunned due to privacy or ethical concerns.
Speaking at the inaugural session of the Indian Council of Arbitration’s (ICA) international conference, the CJI highlighted that while AI presents challenges to confidentiality and independent decision-making, it remains a “powerful ally” in the modern legal landscape.
The conference, themed ‘Arbitration in the Era of Globalization: Legal Technology, Economic Development & Cross Border Disputes’, served as a platform for the CJI to address the digital transformation of dispute resolution. He noted that technological advancements have already significantly improved accessibility and reduced logistical delays, particularly in cross-border cases.
However, the Chief Justice was quick to point out the “new responsibilities” that come with these tools.
“The increasing use of artificial intelligence in decision support tools raises a legitimate concern relating to confidentiality and the preservation of independent judgement,” CJI Kant observed. “Arbitration derives its legitimacy not only from efficiency but from the confidence that decisions remain the product of impartial human expertise. The solution, therefore, lies not in shunning technology altogether but regulating its use through a procedural framework.”
He urged arbitral tribunals to maintain autonomy over how AI is utilized, ensuring that protocols for cybersecurity and confidentiality evolve at the same pace as the technology itself.
Beyond technology, Chief Justice Kant addressed the relationship between the judiciary and the arbitral process. He cautioned against “excessive judicial intervention,” arguing that frequent interference by courts weakens faith in the system and unsettles the core principle that parties must respect their agreed-upon dispute resolution methods.
The CJI asserted that courts should adopt a “passive” role in arbitral proceedings, intervening only in instances of manifest abuse. He further noted that anti-arbitration injunctions should be treated as exceptional measures rather than the norm.
The Chief Justice also linked the efficiency of India’s dispute resolution mechanisms to its attractiveness as a global investment destination. He stated that in the era of globalization, the stability of commercial expectations is as vital as the movement of capital.
“Arbitration provides that stability. It reassures investors, supports commercial partnerships, and ensures that disagreement does not become disruption,” the CJI said, adding that India has made purposeful efforts to modernize its framework to meet the emerging needs of the global business community.
The inaugural session of this two-day international conference was held at the Delhi High Court auditorium.
