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Use Of Artificial Intelligence In International Arbitration: Opportunities, Risks And The Evolving Legal Framework

Updated: Feb 4




Subir Kumar, FCIArb, FPD


Introduction


It won’t be an understatement to say that Artificial intelligence popularly known as AI has been the invention of the century. AI has proved to be revolutionary in all fields, which also includes revolution in the form of evolution in the field of law. With respect to AI development in context of International arbitration, the letter has been undergoing a profound technological transformation driven largely by the rapid advancement of AI. As disputes between parties become more and more complex and documentary heavy, counsel as well as parties and even the arbitral institutions are increasingly turning towards the help of AI tools to decrease their extensive workload by managing evidence, analysing legal materials and streamlining the proceedings. The aim of this article is to examine how exactly AI is being integrated into the evolving field of International Arbitration, the opportunity which this change creates, the risk it poses and the regulatory responses emerging around the world towards the same. The objective is simply to understand the overall effectiveness, efficiency and impact of AI in the field of international arbitration, so as to ensure fairness, transparency, principles of international law, legitimacy and thus justice in the international arbitration framework.


Just like any other field, technology has played vital and supporting role in the field of not only traditional dispute resolution but also in the field of Arbitration. What started with introducing the concept of electronic filings or as we call them E-filings, eventually adverted towards online repositories, digital hearing rooms, digital tracking of case status, etc. COVID-19 pandemic dramatically accelerated the shift towards digitisation of the arbitration process by pushing the arbitral institutions to adopt virtual hearings and remote management tools in order to proceed with their arbitration. This transition led the foundation for the current wave of AI driven systems which can now be seen across the world. What began as a basic technological adaptation and which was meant to be temporary has now evolved into sophisticated analytics, machine, learning tools and automated systems capable of performing tasks once considered exclusively human. The evolution from traditional technology towards artificial intelligence marks evolving point in the method and conduct of arbitration, both domestic and international.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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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.

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