ARTIFICIAL INTELLIGENCE AND ARBITRATION
Like the idea of cleaning robots or self-driving vehicles, many people seem to have concluded that this future is imminent, even if we do not yet have a fully developed system that could take over. We are currently just anticipating the changes which will unveil over time. There are many explanations of why the automated judge's presence is inescapable. Each year we human beings create billions of disputes, soon to be tens of billions. This proliferation of scandals shows no signs of rest. People wanting to fix problems instantly creates a burden on the system. The suggestion that loads, human-based processes of mediation could settle all these disputes raises a serious problem.
Below this strain dwindles the faith in our very ability to be fair and unbiased arbitrators. In addition to these developments, computers continue to become more dominant and deeper integrated into our everyday lives. It is therefore reasonable that, if current trends continue, computers will one day be better at settling our disputes justly than we are.
POTENTIAL USES OF AI
To understand the use of AI in arbitration, one has to understand how AI is being used in various areas. In the field of psychology AI, in the context of robotic technology, is used to produce therapeutic results. Robots are used to address the psychological condition of the child by programming it to elicit positive and desirable reactions.
Psychology, despite being a complex and sensitive field, has such broad acceptance of AI, so it is possible to incorporate AI in the field of arbitration and can produce productive results. The AI-enabled systems can be used in different ways throughout the conflict resolution process.
- Replacing human arbitrator with AI-enabled arbitrator program
An AI-enabled system is capable of replacing the entire Arbitral Tribunal. It would remove the mechanism of the parties nominating the Arbitrator or the Court naming a single arbitrator. Though the outcome of this process will be based solely on the algorithms used in the system program.
Then the power to decide the case would be in the programmer 's possession. It will be the most contentious topic because as the right to select the arbitrator would be withdrawn there are chances of non-acceptance of the award.
Furthermore, if the decision is based solely on the algorithms, then it would defeat the intent of providing distributive and equal justice. As the human arbitrator considers various factors, such as the parties' income and condition, before passing an award that might not be considered in the decision-making process while using the AI-enabled system. Therefore, human arbitrators may take a more realistic approach than the AI-enabled systems when awarding an award.
- Human Arbitrators Combination with AI-enabled system
Appointing a Human Arbitrator along with an AI-enabled system may help to conclude much more quickly. Before the award is passed AI can manage the analyzed documents and answer the arbitrator 's queries while passing the final award.
It may serve as secretary to the tribunal. But some obstacles or disagreements may exist, for example. The human arbitrator shall ignore the logical responses provided by the AI-enabled system after analyzing the evidence which may lead to a delay in the process which discourages the purpose of the arbitration.
- Supporting AI Referees
AI to give the human arbitrators an expert opinion the AI-enabled device can be configured in such a way as to provide an expert opinion based on the evidence given in the arbitration proceeding. There are more chances of the party’s acceptance as the individual arbitrator would pass the final award.
Research, summarize and analyze the arguments and evidence
The AI-enabled systems can prove efficient in much less time than humans in analyzing and summing large documents, databases, etc. By using this summarized information and analyzed evidence, responses can be generated to solve the issues effectively and efficiently through built-in algorithms and reach a conclusion.
- AI Decision v. Court Ruling
The decision provided by the AI-enabled program after evaluating the relevant piece of information can be contrasted with the arbitral tribunal 's decision.
AI 's ruling is either similar to or inconsistent with the Tribunal 's judgment. This will improve the Tribunal's logic, and the award will be awarded after all the considerations are weighed. Hence, AI's decision to remove or correct the arbitrators' unconscious biases may be taken into account.
- Selecting a suitable Arbitrator
After analyzing the arbitrator 's record, AI can help in selecting an appropriate arbitrator for a particular type of dispute and which arbitrator has experience in dealing with particular types of dispute.
This will reduce the parties' burden (or the court in the event of arbitrator 's non-appointment). The chances of fair justice will be high when an experienced arbitrator nominated for dispute resolution.
- Putting forward suggestions
AI technology may be inculcated in an appropriate manner to receive suggestions for the drafting of an award passed by the arbitrator. The award passed must be meticulous and using AI for this purpose will reduce the time taken to draft the award, thus serving the arbitration's primary purpose.
- Natural language translation
Natural language processing (hereinafter NLP) refers to automated computation and processing of human languages and gestures including their expressions, texts, documents, commentaries, digests, made by using their creative thinking skills. Using an AI-enabled device as an NLP can be used to analyze and extract meaning from big, complex, relevant documents.
Besides, the AI-enabled technology as NLP can also be used to translate documents in a language other than the one used in the proceedings, including scanned, handwritten and printed documents with a high degree of accuracy in less time.