The term Artificial Intelligence itself explains that technology having human capabilities of performing tasks that require human intelligence.
This topic is intuitively interesting that one day our disorderly, frenzied human disputes will be determined by the calm, all-knowing logic of a fair and neutral electronic decision maker. While the concept may be appealing, this jump from human-powered justice to electronic justice is huge.
Much like the concept of cleaning robots or self-driving cars, many people seem to have deduced that this future is inevitable, even when we don’t yet have a full developed technology that could take over. Currently, we are just anticipating the changes that will unveil with time. There are several reasons that the arrival of the digital judge is unavoidable. We humans create billions of disputes each year, soon to be tens of billions. This escalation of disputes shows no signs of rest. Humans want of fixing problems instantly is creating burden on the system. The idea that present load, human-based resolution processes could resolve all these disputes poses a serious question.
Faith in our very capability to be fair and unbiased arbitrators dwindles under this strain. Alongside these developments, computers carry on to become more dominant and more deeply integrated into our daily lives. It stands to reason, then, that if current trends continue, computers will one day be better at justly resolving our disputes than we are.
POTENTIAL USES OF AI IN ARBITRATION
In order to understand the use of AI in Arbitration, one has to understand how AI is used in different areas. AI, in the form of robotic technology, is used in the field of psychology for achieving therapeutic results. Robots are used for dealing with the child’s psychological condition by programming it to elicit positive and desirable responses.
Psychology, despite being a complex and sensitive field, has such a wide acceptance of AI, therefore, incorporating AI in the field of Arbitration is possible and can elicit productive results. The AI-enabled systems can be used in the dispute resolution process in various forms.
1. Replacing human arbitrator with AI-enabled system as an arbitrator
The whole Arbitral Tribunal can be replaced by an AI-enabled system. This will eliminate the process of selecting the Arbitrator by the parties or appointment of a sole arbitrator by the Court. Although the result in this process will be solely based on the algorithms used in the program of the system.
Hence, the power of deciding the case will be in the hands of the programmer. This would be the most controversial issue and there are chances of non-acceptance of the award as the right to choose the arbitrator will be removed.
Further, if the decision is solely based on the algorithms, then the purpose of providing distributive and equitable justice will be defeated. As the human arbitrator considers various factor, such as the income and condition of the parties, before passing an award which might not be considered while using the AI-enabled system in the decision-making process.
Hence, there might be more practical approach by human arbitrators than the AI-enabled systems while passing an award.
2. Combination of Human Arbitrators and AI-enabled system
Appointing Human Arbitrator along with an AI-enabled system can help in reaching to a conclusion much faster. AI can manage the analysed documents before the award is passed and answer the queries asked by the arbitrator while passing the final award.
It can act as a tribunal secretary. But there can be some obstacles or disagreements, for eg. the human arbitrator ignoring the logical answers provided by the AI-enabled system after analysing the evidences, which may result in a delay in the process discouraging the purpose of Arbitration.
3. Supporting Arbitrators with AI
- AI to provide an expert opinion to the human arbitrators
The AI-enabled system can be programmed in such a manner that it provides an expert opinion based on the evidences furnished in the proceeding of the arbitration. There are more chances of acceptance by the parties as the final award will be passed by the human arbitrator.
- Researching, Summarising and Analysing the arguments and pieces of evidence
The AI-enabled systems can prove to be efficient in analyzing and summarizing large documents, databases, etc. in much less time than humans. By using these summarised information and analysed evidences, responses can be generated, through in-built algorithms, for solving the issues and reaching to a conclusion effectively and efficiently.
A similar kind of AI is used by IBM named ‘Ross’. Ross is efficient enough to read and understand a large database in less time. When questions are asked it can postulate hypotheses, compile the relevant research and generate responses accordingly along with citations. Ross is a kind of Strong AI that develops and learns from its experience. There can be wide acceptance of using this kind of AI in the field of Arbitration for processing, summarising huge cases, documents, commentaries and clarifications of the queries.
The appointment of a person who transcripts the hearing in front of the Arbitral Tribunal involves an additional cost, high chances of errors and it becomes a time-consuming process. AI can be helpful in such transcriptions as the machine might be able to record the hearing via microphones and provide an immediate transcript of the hearing.
- AI’s decision v. Tribunal’s decision
The decision provided by the AI-enabled system after analyzing the relevant piece of information can be compared to the decision arrived by the Arbitral Tribunal.
The decision of AI will either be complementary or contradictory to the decision of the Tribunal. This will enhance the reasoning of the Tribunal and the award will be passed after considering all the factors. Therefore, AI’s decision can be taken into consideration to remove or correct the unconscious biases of the arbitrators.
- Selecting an Appropriate Arbitrator
AI can aid in selecting an appropriate arbitrator for a particular kind of dispute after analyzing the record of the arbitrators and which arbitrator has experience in dealing with particular kinds of dispute.
This will reduce the burden of the parties (or the court in case of non-appointment of the arbitrator). The chances of equitable justice will be high when an experienced arbitrator will deal with the dispute.
- Drafting suggestions
AI technology can be inculcated for getting suggestions on the drafting of an Award passed by the arbitrator in an appropriate manner. The award passed has to be in a meticulous manner and using AI for this purpose will reduce the time taken for drafting the award, hence serving the primary objective of arbitration.
- Natural Language Processing