India: Litigation, Mediation & Arbitration

Document production in arbitration has traditionally been a contentious and resource-intensive phase, particularly in complex international commercial disputes. As arbitration solidifies its role as the preferred mechanism for resolving cross-border disputes, the imperative for efficient, transparent, and predictable disclosure procedures has become increasingly evident. In the Indian context, the arbitral landscape has undergone significant reform in recent years, with the enactment and amendment of the Arbitration and Conciliation Act, 19961, seeking to align domestic practices with internationally recognized standards.

Arbitration has long been heralded as the faster, more flexible alternative to litigation. Parties choose it to avoid the procedural labyrinths and backlog of national courts, expecting a swift resolution delivered by subject-matter experts. Yet in practice, arbitration often fails to live up to this promise. Tribunals may take months, or even years, after the close of hearings to deliver their awards.

An analysis of the Supreme Court’s decision in Pooja Ramesh Singh v. Jammu and Kashmir Bank Ltd, examining the consequences of fabricated AI-generated precedents for judicial discipline, professional responsibility and the rule of law.