Against the backdrop of rapid digital transformation, Justice Prashant Kumar Mishra emphasised that the law must remain dynamic and responsive, rather than being anchored in a colonial past, as he addressed the growing role of artificial intelligence and legal technology in arbitration. He observed that AI is no longer merely an innovation but a necessity, with the potential to significantly transform online dispute resolution by enabling more efficient and accessible processes.
Justice Mishra was speaking as the keynote speaker in the Technical Session–3 on The Future of Arbitration: AI and Legal Technology in a Digital Era at the 5th ICA International Conference on “Arbitration in the Era of Globalisation.”
He noted that AI tools are already being used in arbitration for functions such as legal research, translation and transcription. Referring to the evolution of online dispute resolution, he described ODR as the integration of modern technology with ADR, allowing disputes to be resolved remotely through digital platforms, and stressed that the judiciary must ensure continued adoption of such technologies, as seen in the gradual development of digital arbitration systems in India.
Justice Mishra also highlighted the practical benefits of AI, including predictive analysis based on past awards in similar disputes, which can assist arbitrators without replacing their discretion. He pointed to the ability of AI to handle large-scale document analysis, extract key events, and generate summaries, thereby reducing the need for manual review and improving efficiency in proceedings.
At the same time, he cautioned against unintended consequences, particularly concerning data privacy and confidentiality when client information is processed through AI systems. He also noted the limitations of AI in dealing with unique or exceptional situations and emphasised concerns around the lack of explainability in AI-driven outputs, which may affect transparency and trust. He warned that the growing use of AI could blur the line between human reasoning and machine-assisted inputs in drafting awards and analysing arguments, raising important questions for the future of arbitration.