by Shakhzoda Tuychieva
Shakhzoda Tuychieva THE EFFECTIVENESS OF ARTIFICIAL INTELLIGENCE IN SIMPLIFICATION OF ARBITRATION PROCEEDINGS: FICTION OR SEVENTH SEAL IN THE WORLD OF ARBITRATION? SUMMER & FALL 2022 Int’l J. L. Ethics Tech. 2 (2022).
Available at: https://doi.org/10.55574/MLVV6370
Author Information: Shakhzoda Tuychieva, Penn State Law, University Park, Pennsylvania
Abstract: The term “online arbitration” has several meanings but is most often used to describe an arbitration conducted using remote communication technologies between the participants in the process. In this age of ubiquitous computing, discussing their use may seem redundant and obvious. In the proceedings held under the auspices of the world’s leading arbitration institutions, modern remote communication technologies are widely used. For example, correspondence between the parties to the process (parties, arbitrators, office) is carried out by e-mail; procedural documents and evidence are submitted electronically; organizational meetings and interrogations of witnesses, and sometimes entire hearings, are conducted by telephone or videoconferencing; hearing transcripts are often stored using LiveNote systems, which allow attendees to view transcripts in real-time. With the spread of electronic document management, the disclosure of electronic evidence (e-discovery) is increasingly being used. The current project will mainly discuss the development of AI in Commercial Arbitration and its influence and impact on the speed and cost of arbitral proceedings. In the first part of the work, I will focus on the history and origins of AI in Arbitration mentioning the impact of COVID-19 and partial transfer to virtual hearings. Also, it will provide some data from UNCITRAL and ICC about virtual hearings. The second part of the work discusses and argues on effectiveness and efficiency of virtual hearings in arbitration, including translation and transcriptions during proceedings. I will analyze whether the e-discovery reflects on confidentiality and privacy matters. Third, I consider the most critical ones because they discuss the most problematic issue – arbitrators selection. Undoubtedly that 50 % of the cases on jurisdiction arise from arbitrator’s challenge, which reflects on speed and sufficiently increases costs of the Parties. After discussing the selection tools, I decided to consider replacing arbitrators with AI, which deprived of objective or any possible challenge possible causes. Although I cover arbitration matters, in this Part, I want to provide with comparative analysis of the litigation process – judge selection and its possible replacement with AI. The conclusion will provide weaknesses and possible problems with these issues, including relevant solutions or ideas to discuss.
Keywords: Artificial Intelligence, E-Discovery, Covid-19, Online Arbitration, ADR, ODR, Arbbot
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