Chief Justice of India Surya Kant (file/ANI)
New Delhi: Chief Justice of India Surya Kant said on Saturday that artificial intelligence is moving from the periphery to the center of arbitration work very quickly, raising concerns about its accuracy, reliability and ethical use.
Delivering the keynote address at the 2026 SIAC Annual India Conference on the theme ‘International Arbitration: Responding to new realities and stress testing the fundamentals’, the CJI said: “Stress testing is only important if it is worth preserving the fundamentals. I have no hesitation in acknowledging that the fundamentals remain sound in international arbitration.”
On the issue of AI, he said that while AI will play an increasingly important role in international arbitration, its promise comes with real concerns, and those concerns are not unfounded. “AI is moving from the edges to the center of arbitration practice, and it is happening very quickly,” he said, adding that “issues of accuracy, reliability, and ethical use of AI are no longer theoretical, but real challenges faced by arbitrators, lawyers, and institutions alike.”
The CJI pointed out that there is deepfake evidence, witness statements written by AI, and submissions created entirely by generation tools without any disclosure.
“These are no longer hypothetical risks; courts need real tools to deal with them,” he said, suggesting that whenever generated AI is used to prepare a witness statement or expert report, it should be disclosed.
He said this was neither burdensome nor new, as “we already expect experts to disclose matters that concern the credibility and independence of their opinions.” “AI-assisted disclosure is simply an extension of that principle, promoting transparency without stifling innovation,” CJI Kant said, adding that institutions such as the Singapore International Arbitration Center are leading the way in developing common protocols to verify the authenticity of digital evidence.
The CJI cautioned that arbitral tribunals should not be left to devise their own approaches to deepfakes and AI-generated materials, and that shared standards would only increase consistency, reduce uncertainty, and strengthen trust in the arbitration process. He said his third suggestion regarding AI may not please everyone, saying, “AI should be embraced aggressively if it truly adds value. Tasks such as e-discovery, document management, translation, and drafting procedural orders are well-suited to AI-assisted tools. If used responsibly, they can reduce costs and increase efficiency.”
He highlighted several other issues, insisting on the need to uphold arbitration principles such as timely resolution of disputes, confidentiality and consistency.
“Rules alone cannot solve problems of conduct. Technology alone cannot solve problems of legitimacy. Arbitration today doesn’t need a new generation of new procedures for its own sake; it needs discipline to leverage the tools it already has, and enough judicial humility to let arbitration do the job the parties actually asked it to do,” he said.
In his closing remarks, Kant said that arbitration never stood still, starting as a shortcut for merchants to bypass slow admiralty courts, but growing into the backbone of international trade after World War II. “After decolonization, the firm took on investment disputes, and today it takes on issues around artificial intelligence, climate conflicts, and digital evidence that its founders could never have imagined,” he said.
The CJI added that the greatest strength of arbitration has always been that it can be modified without losing its essence of neutrality, party autonomy and legally enforceable results. “Our task as judges, arbitrators and lawyers is simple: As we adapt, we must remember why the parties chose this path in the first place,” he said.
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