The rise of AI: Machine arbitrators vs. human imperfection

Lindquist, Derick Hall and Dautaj, Ylli (2020) The rise of AI: Machine arbitrators vs. human imperfection. Bocconi Legal Papers, 14. pp. 217-250.

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Technology is rapidly changing the way in which law is practiced. The legal profession in its entirety, including arbitration, will feel the effect of technological advancements such as Al and Legal Tech.' Two of the main reasons for arbitration's quiet triumph in legal civilization are "efficiency" and "access to adjudication". As a result, "[b]ecause it works, private arbitral adjudication usurps [in some respects] the role of judicial litigation".2 In a similar vein, arbitration infused with AI, Legal Tech and virtual platforms ("Arbitration 2.0") can further enhance efficiency and access to adjudication. When Arbitration 2.0 is sophisticated enough, and the desire to fully utilize it is present, it might be, like arbitration itself, impossible and unwise to deny. Therefore, we argue, arbitration and technology should - and eventually must - interact or "tango". 3 It is true that we must reject, to some degree, fundamental values of the rigid legal system as we know it, otherwise legal civilization will not survive.4 It is also true that when the market speaks with a strong voice, consumers often demand access to such advances. Indeed, merchant vigilance and commercial efficiency have been important ingredients for Western success. Open and free markets, where innovation can flourish, has proven superior for economic growth and political and legal stability.

Item Type: Article
Keywords: Artificial intelligence | Machine arbitrators | Human imperfection | Technology | Legal profession
Subjects: Physical, Life and Health Sciences > Computer Science
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Jindal School of Liberal Arts & Humanities
Depositing User: Mr Sombir Dahiya
Date Deposited: 30 Mar 2022 06:09
Last Modified: 31 Mar 2022 06:16
Official URL:


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