BCDR International Arbitration Review
Volume 10, Issue 1 (2023) pp. 23 – 58

Abstract

We are navigating a post-pandemic era with increased use of digital technologies and an unprecedented shift from traditional ways of conducting arbitration proceedings. This has resulted in an unprecedented “dataquake” and a significantly increased role of arbitral institutions in terms of, inter alia, technological innovation. The possibilities of the use of artificial intelligence (AI) in arbitration are thus increasing by the day, but still remain ascertainable. Many limitations still exist, including issues such as the concerns of confidentiality and data privacy, the absence of a legal framework for guidance, and difficulties in the generalization of AI – to name a few. To be able to accurately gauge the potential influence of AI on arbitration, we must understand the fundamentals of AI, including both its theoretical and practical aspects as they apply to arbitration. This article will provide an overview of how AI could be transforming arbitration.

Extract

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