Embracing Digital Arbitration: India?s Legal and Institutional Shift Toward Technology-Driven Dispute Resolution

Due to the unprecedented reliance on virtual or digital technologies in 2020, entities across the world, such as multi-national companies, law firms, international arbitration institutions, and lawyers from both civil law countries and common law countries, have started experiencing virtual arbitration practice as cost-effective, convenient, and efficient of course with marginal trepidation on arbitration principles like party autonomy, consent, fair treatment, etc. The judiciary in India has also been transparent in its support for digital technology in its pronouncements. The "NITI Aayog, the apex public policy think tank of the Government of India", has also published the ODR ADR policy plan for India in 2021, reflecting its pro-digital technology status. Also, the legislature's equal support for digital technology has been proved by introducing an amendment in "Section 7 of the Arbitration and Conciliation Act, 1996", in which an online arbitration clause in traditional and e-contracts is valid "(Inserted by Act No. 3 of 2016 dated 31.12.2015)". The article highlights the digitalization of arbitration practice as a dispute resolution mechanism in business management.