FROM an autonomous car to robot-assisted surgery, can justice be delivered by using Artificial Intelligence (AI) in commercial arbitration?
Robot arbitration is no longer a theory. Many arbitration rules, laws, and specialists have restricted the use of AI in the arbitration process and emphasised that the arbitrator must be a natural person, arguing that only humans can select arbitrators.
They argue that human-based criteria, such as personal competence, intelligence, diligence, nationality, experience, knowledge of a particular type of contract, legal qualifications, and more, would not be replicated accurately in this instance.
On the other hand, there is an abstract opinion on robot arbitration derived from the approach of more advanced AI practices in such sensitive matters.
For instance, e-health and robot-assisted surgery interact directly with humans’ lives and health.
Therefore, robot arbitration is only a matter of time. However, arbitration proceeding time and cost are widespread dissatisfaction among arbitrations users, despite the business-as-usual indifference of the arbitral community.
At the same time, technology is becoming available and affordable to address users’ dissatisfaction with the process.
Another justification based on the humane error in the arbitral award – which is stated as a reason to refuse to enforce the arbitral award in Article V of the New York convention – can be more likely avoided by adopting robot arbitrators.
Algorithms operate much like decision trees created by humans. They can self-learn and improve their performance without humane intervention, which makes absolute neutrality side by side with time and cost efficiency.
There is a significant development in technology suing in the courts based on the price-able of access to justice.
For example, in 2014, an AI system was designed to predict verdicts of the individual justices of the US Supreme Court across 7,700 cases with 70.90 per cent accuracy, compared to the leading academic’s accuracy rate of 59pc.
Also, in 2016, an AI was developed that predicted the European Court of Human Rights verdicts with 79pc accuracy.
To conclude, no one can deny that AI in the justice field will be a reality sooner or later.
Therefore, we must consider the urgent foundation for new legislation aligned with scientific progress in using AI in arbitration and the justice sector.
Malek M Alqanea
&uuid=(email))