AI As Arbitrator: Regulating AI Decision Making In Indian Arbitration
Shivangi Jha, B.A. LL.B. (Hons.), Chanakya National Law University (CNLU), Patna
ABSTRACT
The January 2026 order of the Madras High Court permitting a controlled trial of an AI-assisted record management tool in an arbitration matter, and the subsequent public remarks of Chief Justice of India Surya Kant calling for a “proper procedural framework” for the use of artificial intelligence in arbitration, signal the arrival of a new phase in Indian dispute resolution. This article examines the relationship between algorithmic decision support tools and the structural features of the Arbitration and Conciliation Act, 1996, in particular the independence and impartiality regime under Section 12, the tribunal's procedural autonomy under Section 19, and the grounds for setting aside an award under Section 34. It argues that the silence of the Draft Arbitration and Conciliation (Amendment) Bill, 2024 on artificial intelligence is a structural gap that leaves parties exposed to asymmetrical and opaque process.
Keywords: Artificial intelligence, arbitration, Section 12, Section 19, Section 34, explainable AI, impartiality, due process.
