New Delhi— Surya Kant has underlined the need to embrace artificial intelligence in arbitration, stating that its use should be carefully regulated rather than avoided due to concerns over confidentiality and independent decision-making.
Speaking at an international conference organised by the Indian Council of Arbitration on “Arbitration in the Era of Globalization: Legal Technology, Economic Development & Cross Border Disputes,” the Chief Justice stressed that technological advancements must be matched with robust procedural safeguards.
He noted that while artificial intelligence has improved accessibility and reduced logistical challenges in arbitration—particularly in cross-border disputes—it also introduces new responsibilities. Concerns around confidentiality and preservation of independent human judgement, he said, are valid but manageable through a structured legal framework.
“The solution lies not in shunning technology but in regulating its use through a proper procedural framework,” Justice Kant remarked, adding that arbitration’s credibility depends not just on efficiency but on trust in impartial human expertise.
Highlighting the importance of cybersecurity, he said protocols governing data protection and confidentiality must evolve alongside technological adoption. When supported by such safeguards, AI can become a “powerful ally” in delivering efficient dispute resolution in a fast-paced global environment.
The Chief Justice also cautioned against excessive judicial intervention in arbitral proceedings. Courts, he said, should remain largely “passive” unless there is clear abuse of the process, and anti-arbitration injunctions must remain exceptional.
Reaffirming arbitration’s role in modern commerce, Justice Kant said India has made significant efforts to modernise its arbitration framework, ensuring that disputes are resolved with clarity, predictability, and minimal court interference.
