Mr. Harshal Ulhas Padwal, Asst. Professor, School of Law, D. Y. Patil, Deemed to be University, Nerul, Navi Mumbai, Maharashtra, India
Mrs. Pooja Mhatre, Asst. Professor, Department of Commerce, Mahatma Phule A. S. C. College, Panvel, Maharashtra, India
ABSTRACT
Technological revolution is the next big phenomena since the industrial revolution. In this digital era, technological advancements have virtually transformed various industries. Naturally, the legal industry has not been a stranger to such technological revolution. From using online case management systems to holding virtual hearings through video conferencing, the legal landscape has changed drastically from the use of technology and for better. With the advent of COVID-19, our legal system has been compelled to introduce more and more technological advancements into the dispute resolution game. Indian courts have moved from physical courts to virtual courts and have introduced concepts like e-filing etc. While public forums have been welcoming technology with open arms, private adjudicative mechanisms like arbitration have had their own set of experiences and challenges in adopting these technological advancements, at least, as a necessity to deal with COVID-related circumstances. While many are aware of this obvious change in the functioning of Indian arbitrations, many are still oblivious of the extent of technological advancements available for use in arbitration and the consequential challenges arising from such usage. One point to be noted here is that any literature available on the subject tends to compare India with the position prevailing globally without taking into account the unique framework of Indian arbitration landscape. This study aims to make a comprehensive enquiry into the interplay of technology and arbitration in India. This paper takes into account the ground realities of Indian arbitration regime and aims to produce findings relevant for stakeholders to adopt more technological tools as a means to effectively and efficiently conduct arbitration proceedings.
Keywords: technology, advancement, arbitration, hearings, video conferencing, e-filing
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