ENFORCING ‘AI-INFLUENCED’ ARBITRAL AWARDS UNDER THE INDIAN ARBITRATION ACT

Abstract

The use of the terms artificial and intelligence, in that order, is practically ubiquitous in the legalese of the 2020s. Though one may not fully understand its functioning or implications, a discussion about AI and its effects remains necessary. The legal field, including advocacy, has seen an aggressive push towards incorporating ‘AI tools’ to improve the efficiency and quality of services it can offer. This includes the sphere of arbitration within this legal field. The Chartered Institute of Arbitrators, through its 2025 Guidelines on the Use of AI in Arbitration, highlighted possible risks that may exist when AI tools are used in the arbitral process. These risks exist when tools are used by the arbitrators and the counsels representing the parties in the process. In the authors’ understanding, these risks may cause issues in the enforceability of the award arising from this ‘AI-influenced’ arbitration. The authors believe the Indian Arbitration and Conciliation Act, 1996, is not yet prepared to deal with these risks. Accordingly, this paper explores, through tangible examples, the issues that can arise when one tries to enforce an ‘AI-influenced’ arbitral award in India, due to the risks posed by the usage of AI in arbitration. It hopes to initiate conversations on this front to future-proof arbitration in India.