Regulate AI, don’t reject it: CJI Surya Kant on future of arbitration

In a forward-looking address that bridges law and technology, Chief Justice of India Surya Kant made a strong case for embracing artificial intelligence in arbitration, but with clear rules and safeguards.

Speaking at an international conference organised by the Indian Council of Arbitration, the CJI emphasised that artificial intelligence should not be rejected out of fear , but instead carefully integrated through a well-defined procedural framework. His remarks come at a time when global legal systems are grappling with how to balance technological advancement with core principles of justice.

CJI Kant acknowledged that technology has already transformed arbitration , making it more accessible and efficient, especially in cases involving geographical challenges. Virtual hearings, digital documentation, and AI-assisted tools have reduced delays and improved the speed of dispute resolution. However, he cautioned that these advancements also bring new responsibilities , particularly concerning confidentiality and independent decision-making .

“The legitimacy of arbitration lies not just in efficiency, but in the confidence that decisions are driven by impartial human expertise,” he noted. The growing use of AI in decision-support systems, he said, raises valid concerns, but the answer is not to step back, rather to create robust systems that ensure data security and fairness .

He stressed that arbitration tribunals must retain full control over how technology is used, ensuring that cybersecurity protocols evolve alongside digital adoption . With the right safeguards, AI can become a “powerful ally” in a fast-moving global environment.

Beyond technology, the Chief Justice also addressed the role of courts in arbitration. He warned against excessive judicial interference , stating that it can weaken trust in the arbitration process. Courts, he said, should remain largely passive unless there is clear abuse , allowing tribunals the autonomy to function independently.

Highlighting the broader economic context, CJI Kant underscored that a strong and reliable arbitration system is crucial for investor confidence . As globalisation deepens, investors increasingly look at dispute resolution mechanisms before committing to a country.

“Arbitration ensures stability. It supports business partnerships and prevents disagreements from turning into disruptions,” he observed, adding that India’s ongoing efforts to modernise its arbitration framework must now focus on being responsive to evolving global business needs .

The message was clear: in a rapidly digitising world, the future of arbitration lies not in resisting change, but in shaping it responsibly .