At a time when AI is catching up fast in all spheres of work and life, Supreme Court Justice Vikram Nath on Saturday cautioned that artificial intelligence (AI) can only supplement, not substitute, human intelligence in arbitration and adjudication.
“Technology can assist, but it cannot take over the role of human judgment...justice is, at its core, human. It requires what I call a heartbeat,” Justice Nath remarked, underscoring that machines may review documents and highlight patterns but lack fairness, empathy and conscience.
He was chairing a session on Arbitration 2.0: Integration of Artificial Intelligence and other technologies to enhance the efficiency of arbitration hosted by the Supreme Court of India, the High Court of Delhi and the Delhi International Arbitration Centre (DIAC) as a part of Delhi Arbitration Weekend 2025 (DAW).
The panel also included Madras High Court Justice N Anand Venkatesh, Solicitor General Tushar Mehta, independent arbitrator Mark Dempsey SC and Barrister at Brick Court Chambers Tim Lord KC.Justice Nath placed the debate in historical perspective, recalling that arbitration itself was conceived as a response to the “slow grind” of traditional litigation. Over the years, the system moved from paper bundles and lengthy correspondence to scanned filings and online hearings, he said, adding,“If arbitration was designed to save time, then AI has the potential to redefine what time even means in dispute resolution."
He drew attention to international practices such as the Chartered Institute of Arbitrators’ guidelines, which require disclosure whenever arbitrators use AI tools and the Singapore International Arbitration Centre’s Gateway Platform, aimed at digitising case management. At home, he noted, the Indian Supreme Court has already piloted AI in its own functioning — real-time transcription during Constitution Bench hearings, translation of judgments into regional languages and the Supreme Court Portal Assistance for Court Efficiency (SUPACE) to aid legal research.
“These examples show us how technology can strengthen our processes. But technology must operate within limits. It can make our system sharper and faster, but the conscience of justice — fairness, empathy and values — remains exclusively human," he noted.
Justice Nath also warned that misuse of AI could erode confidence in arbitration. He referred to a case in California where a party challenged an arbitral award on the ground that the arbitrator may have relied on AI to draft parts of the decision. “Artificial intelligence will revolutionise arbitration. It will not just execute commands; it will anticipate, analyse and sometimes even decide,” Justice Venkatesh observed.
He explained how AI could prepare chronologies, identify evidentiary gaps and test arguments functions that could transform efficiency. However, he cautioned that the shift raised fundamental questions:
“From being a tool or a passive supporter, AI is going to become an active participant, which will impact the core arbitral functions itself.”SG Mehta warned against the risks of over-reliance on AI. He cited instances of AI producing fabricated judgments and case law, and flagged the danger of algorithmic bias.
Follow us
