top of page

Corporate Arbitration And ODR: AI, Technology, And Smart Contracts – An Analytical Study Of Hybrid Arbitration




Arjun Vashisht, LL.M, UILS, Chandigarh University

Dr. Gaurav Khanna, Associate Professor, UILS, Chandigarh University


-Arbitration is the preferred mode of dispute resolution in the corporate world, not because it avoids law, but because it applies law efficiently.’

-Fali S. Nariman


ABSTRACT


These new forms of digital technologies and artificial intelligence (AI) have drastically transformed the firm field's dispute resolution system. Conventional arbitration is a practical solution, but it is also limited in terms of cost, time and access. Online Dispute Resolution (ODR) facilitates quality and enhances the experience of mediation using digital platforms and virtual channels. The report takes up a critical review of a hybrid arbitration system that includes amongst others: traditional arbitral practices and ODR mechanisms, AI tools, and smart contracts. It surveys how technology enhanced methods, such as predictive analytics, blockchain-based smart contracts and AI-assisted case management are reshaping corporate dispute resolution. It also probes the effectiveness of self - executing provisions in smart contracts, and legal, ethical and cybersecurity risks their same components can bring to the fore. As such, the study relies on comparative elements across India, UK, US, and Singapore to shed light on the negative aspects and benefits of hybrid arbitration. Hybrid arbitration as an approach is promising in terms of cost-effectiveness, speed, and availability, the shortcomings are data protection, algorithmic bias, and legal enforceability. The suggestion of this study is that the corporate arbitration of the future needs to represent a trade-off between retaining a regulatory framework, institutional backing, and technological protection and not a binary.


Keywords: Corporate arbitration, Online Dispute Resolution (ODR), hybrid arbitration, artificial intelligence (AI), smart contracts, blockchain, digital evidence, cybersecurity, global arbitration practices.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

Submit Manuscript: Click here

Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

bottom of page