New Delhi, Apr 10: Chief Justice of India Surya Kant on Friday said the use of artificial technology in arbitration should not be shunned over concerns of confidentiality and independent decision-making; instead, its use should be regulated through a procedural framework.
CJI Kant emphasised that protocols on cyber security and confidentiality should “keep pace” so that technology becomes arbitration’s “powerful ally” in a fast-paced world.
The country’s top judge was speaking at the inaugural session of the Indian Council of Arbitration’s international conference on the theme, ‘Arbitration in the Era of Globalization: Legal Technology, Economic Development & Cross Border Disputes’.
In his inaugural address at the fifth edition of the two-day conference, CJI Kant said that technological development has improved accessibility in arbitration and reduced logistical delays, especially in cases with serious geographical constraints, but it has also brought “new responsibilities”.
“The increasing use of artificial intelligence in decision support tools raises a legitimate concern relating to confidentiality and the preservation of independent judgement. 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,” CJI said.
“Arbitration tribunals must retain autonomy over the manner in which such tools are used so that protocols governing cybersecurity and confidentiality keep pace with technological adoption. When governed by such safeguards, the technology becomes a powerful ally of arbitration in a fast-paced world,” he added.
CJI Kant also cautioned against “excessive judicial intervention” in matters of arbitration, saying it weakens faith in the arbitration and risks “unsettling” the assurance that parties would respect their agreement and the tribunal would be permitted to determine its own procedure.
He asserted that courts should remain “passive” in arbitral proceedings unless it is manifestly abusive and an anti-arbitration injunction should be exceptional.
CJI Kanta further said that arbitration plays a central role in ensuring that disagreements in “modern commerce” are resolved with clarity and predictability and India has made a purposeful effort to modernise its arbitration framework.
Yet the task today is no longer simply one of reform but responsiveness to the emerging needs of business, he said.
“The credibility of India’s dispute resolution mechanisms will increasingly influence how investors assess the country as a reliable destination for sustained investment. Globalisation ultimately depends not only upon the movement of capital, but upon the stability of expectations.
“Arbitration provides that stability. It reassures investors, supports commercial partnerships, and ensures that disagreement does not become disruption,” he said.
The inaugural session was held in the Delhi High Court auditorium.
