The Paradigm of Party Autonomy: Towards a Viable AI-Driven Pre-Arbitration Framework in India

Title

The Paradigm of Party Autonomy: Towards a Viable AI-Driven Pre-Arbitration Framework in India

Creator

Shukla, Shraddha; Ray, Ipsita

Description

Arbitration proceedings in India are adversely affected by multiple adjournments and procedural uncertainties in the courts. To ensure limited judicial intervention, certain procedural tasks can be automated via artificial intelligence (AI) to improve the efficiency of the arbitration process. The objective of the paper is to examine the current state of the Indian judicial framework and assess the procedural feasibility of incorporating AI to address arbitration-related limitations. The research employs a thematic review of the literature to assess the use of AI in dispute resolution proceedings. In addition, using a comparative research methodology, the study critically analyzes the technological and policy-related initiatives taken by both India and China in their respective judicial systems. Findings suggest that reliance on the party autonomy principle in arbitration is a solution to the limitations that disincentivize governments from implementing AI-powered automation in dispute resolution. The paper, therefore, recommends an integrative approach to AI technology that partially automates arbitration proceedings in the courts. 2026 Walter de Gruyter GmbH, Berlin/Boston 2026.

Source

International Journal of Legal Information;

Date

01-01-2026

Publisher

Walter de Gruyter GmbH

Subject

arbitration; artificial intelligence; party autonomy; procedural efficiency

Coverage

Shukla S., Research Scholar, Christ University, Bengaluru, India; Ray I., Christ University, Bengaluru, India

Rights

Restricted Access; Hardcopy may be available in the library

Relation

ISSN: 7311265;

Format

online

Language

English

Type

Article

Identifier

https://doi.org/10.1515/ijli-2025-0009

https://www.scopus.com/pages/publications/105037163925?origin=resultslist