Chief Justice of India Surya Kant said that the use of artificial intelligence in arbitration should not be avoided merely because of concerns over confidentiality and independent decision-making. Speaking at the Indian Council of Arbitration’s international conference in New Delhi, he emphasized that AI can play a constructive role in modern dispute resolution if used within a proper legal and procedural framework.
He noted that technological advancements have significantly improved accessibility in arbitration proceedings and reduced delays, especially in cross-border or geographically complex disputes. At the same time, he cautioned that increasing reliance on AI-based decision support tools raises legitimate concerns related to cybersecurity, confidentiality, and preservation of impartial human judgment.
According to the CJI, the solution lies not in rejecting technology but in regulating it through clear safeguards and procedural rules. He stressed that arbitration tribunals must retain autonomy over how such tools are used, while protocols governing data security and confidentiality must keep pace with rapid technological adoption. With the right safeguards, he described AI as a “powerful ally” for arbitration in a fast-paced global legal environment.
Justice Surya Kant also cautioned against excessive judicial intervention in arbitral matters, stating that courts should remain largely passive unless proceedings are manifestly abusive. His remarks underline India’s broader effort to modernize its arbitration ecosystem, strengthen confidence in alternative dispute resolution, and position the country as a preferred jurisdiction for resolving complex international commercial disputes.
