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

Abstract 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.