Generative AI and Future of Dispute Resolution: is Arbitration Ready

Abstract

Artificial Intelligence is entering into each and every field today. This period can be referred to as period of development of AI. It has even started entering into legal field. It translates language, helps in selection of arbitrator, drafting of awards, legal research, E-discovery process etc. It can even predict the case outcome. This helps to reduce time, cost and efforts on one side but on the other side there is fear of biasness, breach of privacy and trust. Traditional arbitration may sometimes prove to be time consuming as it is totally dependent on availability of human arbitrator. Moreover, it can be only be beneficial for those who are advanced in technology and are aware of AI.  AI arbitration is much more cost effective as it does not include cost of human arbitrators and administrative costs Those who are unaware of AI or those who are not technologically advanced are most likely to suffer. It will be easier to take advantage of them. Moreover, arbitration is about application of mind and applying personal expertise of the arbitrator while understanding the facts and circumstances of the case whereas AI works only on the algorithms and data entered in it from time to time. So, we cannot expect personalisation from AI. The problem of Black box is one of the main problem while using AI as a medium of arbitration. As it is based on algorithms, it is difficult for the parties to interpret the reasons for the decision. Other concerns include doubt of impartiality, confidentiality, accountability etc. Countries like Japan, China, Canada, Singapore and United Kingdom have started incorporating AI into their legal system. India is also on the path of including AI into the legal field. In 2021, Supreme court developed SCVAS which can translate foreign language into vernacular language and vice versa. There is another system developed which will help in digitalisation of court procedure known as SUPACE. India is actively moving towards Online Dispute Resolution. India is also planning to develop a system called AI Saransh which will summarise the pleadings. The Silicon Valley Mediation and Arbitration Centre has recently published guidelines regarding the efficient usage of AI in arbitration.