On Sunday, Justice Sanjay Kishan Kaul, Judge, Supreme Court of India, stated that "Virtual court hearings have increased efficiency and it is necessary to utilize this system for which a vast infrastructure has been created and even large amount of money sanctioned by the government."

Justice Kaul stated that "Parties involved in arbitration proceedings must learn to accept the award rendered by arbitrators instead of challenging the same in courts and engaging in multi-tiered litigation".

Justice Kaul urged the government to look into the issue of arbitral awards being subject to legal challenges in courts.

"I often say that the parties must learn to accept the awards. Unfortunately, the public sectors more so require this. There is no point in carrying a battle through a two or three-tier scrutiny just to complete a formality. I think that is something I'm sure the Law Minister will look into," Justice Kaul added.

Justice SK Kaul spoke on ‘Arbitration Vision 2030: What the Future Beholds?’ at the concluding session of the four-day long ‘Delhi Arbitration Weekend’ organized by the Delhi International Arbitration Centre (DIAC).

Justice Kaul said that when the COVID-19 pandemic hit the world, the international arbitration community shifted to the virtual system and gradually virtual or hybrid hearings will become a norm, and physical hearings will become an exception.

He further added that, “To keep the wheels of justice moving as much as possible, we introduced virtual hearing in courts and India being a developing country, faced infrastructural and connectivity issues but it did not take long for the stakeholders to find a way of operating efficiently,” he said.

 “I would say the virtual system has actually increased the efficiency level and hence even today, I operate on a hybrid level where I permit lawyers to appear through video conferencing,” Justice Kaul said.

He added that virtual system has reduced cost of travelling and allows lawyers to prepare their matters in a short time.

“This is something the Chief Justice of India also on recent occasions emphasized that having created this vast infrastructure, it is necessary to utilize it to the best possible way considering that the government has also sanctioned a large amount for further use of technology to strengthen the judicial system,” Justice Kaul said.

He said the virtual system has done away with the need of unnecessarily spending money on travelling to different parts of the world for conferences or hearings and it has also become easier for arbitrators and practitioners to find a suitable date of hearing.

Justice Kaul added that Some arbitration institutions have explicitly come out with virtual arbitration rules, he said, adding arbitrators and practitioners will be required to know the basics of technology with an attention to cyber security and other issues.

He further said he does not consider virtual hearing to be a fool proof system and the experience has shown that they come with their own set of problems.

Justice Kaul said parties can also insist on physical or hybrid hearing to use it as a means to delay the arbitration process and the arbitral tribunal has to take due steps to balance the process and not delay the process.

Regarding Artificial Intelligence tools like ChatGPT, he said people can get answers to any query possible and to explore the use of AI, the Supreme Court of India has formed an AI committee which is looking into various aspects.

However, AI tools must be used very carefully as they come with risks of due process rights and public policy violations, he said.

He also said arbitration constantly reflects the need of the parties in dispute and factors which have helped India to move towards an arbitration-friendly regime include institutionalising the arbitration system.

Justice Kaul said the mediation bill, which will see light of the day possibly this year, is also geared towards this institutionalisation.

“There is strict adherence to the principles of non-interference with the arbitral awards by courts. Indian courts have shifted towards this,” he said.

He added that parties must learn to accept awards and “unfortunately the public sector more so require this and there is no need to carry a battle through two or three tier scrutiny just to complete the formality. I think that is something I am sure the Law Minister will look into it”.

Union Law Minister Kiren Rijiju was the Chief Guest at the concluding session.

Justice Kaul said future developments for arbitration in India are in tandem with those taking place globally and added, “we are at an exciting stage domestically and globally with respect to arbitrations”.

Watch Sh. Kiren Rijiju speak at the Delhi Arbitration Weekend @LatestLaws.com:

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