Arbitration must embrace diversity and technology: Former CJI DY Chandrachud

Former Chief Justice of India (CJI) DY Chandrachud on Friday urged arbitral institutions to foster diversity and embrace technology.

Justice Chandrachud underlined that institutional arbitration is not merely a substitute for courts but incorporates the strengths of judicial system.

“Institutional arbitration is desirable not just because it substitutes courts, but because it picks up the positives of the court system – infrastructure, accountability, and an institutional approach to adjudication. At the same time, it relieves courts of their crushing burdens and avoids the lack of accountability in ad-hoc arbitration,” he said

He noted that the Singapore International Arbitration Centre Rules 2025 (SIAC Rules 2025), which came into effect in January, envisage a “forward-looking” model and has features that India’s own arbitral institutions could adopt.

“These rules will serve as paradigms not just for SIAC but also for institutions in the Global South, providing lessons that can reshape India’s arbitral landscape,” Justice Chandrachud remarked.

He was speaking at a session organized by Mumbai Centre for International Arbitration (MCIA) as a part of India ADR Week 2025.

The session, hosted by AZB & Partners, was titled “SIAC Rules 2025: Redefining ‘I’ – India, Inclusion and Innovation”.

It was moderated by Vijayendra Pratap Singh (Senior Partner and Head – Litigation at AZB & Partners) and featured a panel comprising Justice Chandrachud, Gaurav Khanna (Associate General Counsel, Nestlé India Ltd), Professor Lawrence Boo (former CEO and Registrar of SIAC and Professor at the National University of Singapore), Urvashi S Pathak, (Senior Vice-President & Head Legal, Max Life Insurance) and Vivekananda Neelakantan (Registrar, SIA).

In his speech, Justice Chandrachud stressed that diversity, equity and inclusion (DEI) must be embedded in the arbitral framework

“It’s DEI, not DIE, as the Trumpian world puts it,” he quipped.

Recounting his experience as a judge, Justice Chandrachud said he would deliberately appoint women arbitrators in international commercial disputes.

“I made it a point to appoint women lawyers as arbitrators. They responded with a tremendous sense of responsibility, not just treating this as a professional brief but as a way to transform the system,” he said.

On demographic changes in the profession, the former judge observed that over 50 percent of entrants to national law schools are now women, and in several Hindi-belt states, women account for more than 70% of new judicial recruits.

“The real challenge is ensuring women do not fall by the wayside when family responsibilities take over. Institutional arbitration can make a huge difference by creating mentorship cycles and making women visible as role models,” he emphasised.

Technology and AI in arbitration

Justice Chandrachud also stressed on the need for arbitral institutions to adopt technology. In this regard, he cited the judiciary’s rapid digital transition during the COVID-19 pandemic and said institutions are best placed to implement innovations such as AI-powered case management, predictive analytics and virtual hearings.

“Institutional mechanisms can ensure AI-powered case management, predictive analytics, virtual hearings and digitisation of records – areas where ad-hoc arbitration would struggle,” he said