AI-Powered Arbitration: Justice At The Speed Of Algorithms
- IJLLR Journal
- Jul 5
- 2 min read
Ms. Vishakha Periwal, BBA LLB (Hons.), School of Law, Christ University – Lavasa Campus, Lavasa
Mr. Aniket Agarwal, BBA LLB (Hons.), School of Law, Christ University – Lavasa Campus, Lavasa
Introduction:-
In this AI-progressive society, human nature remains the same, marked by disagreements and conflicts as an inherent aspect of coexistence. The idea of AI assisting in dispute resolution is not only fascinating but also profoundly intriguing, as it redefines the ambit of justice and conflict management. Resolving these disagreements and disputes is the purpose of the legal system in India. Primarily, there are two methods to resolve these disputes: one is by the traditional way of in-court proceedings, and the other is by using more efficient mechanisms like Alternate Dispute Resolution, which includes arbitration, mediation, conciliation, etc.
Arbitration and Dispute Resolution:-
One of the alternate methods is arbitration, which is a procedure for resolving disputes effectively and efficiently. Both parties try to settle the dispute outside the court with the help of an impartial arbitrator(s). Herein a third neutral person is chosen by the parties or various institutions to carry the judicial process including evidence examination, hearing arguments and providing an award in favor or against the claimant. The arbitration procedure in India is governed by the Arbitration and Conciliation Act, 19961, which provides a comprehensive legal framework for resolving disputes through arbitration. To facilitate the integration of alternative dispute resolution mechanisms into day-to-day legal and commercial practice, the procedural laws in India have been progressively amended to strengthen and promote arbitration and other forms of dispute resolution, reinforcing the country’s pro-arbitration stance. One such amendment was the insertion of Section 892 by virtue of the 1999 amendment in the Code of Civil Procedure, 1908, which states that the court can refer a case for outside court settlements, which is binding upon the parties. The settlement terms shall be formulated by the court only so that no bias is involved.
