AI arbitration – Charting the ethical and legal course

Choudhary, Ashiv and Surbhi, Adya (2024) AI arbitration – Charting the ethical and legal course. AIP Conference Proceedings, 3220 (1). ISSN 0094-243X

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Abstract

As the integration of artificial intelligence (AI) technologies into arbitration processes becomes increasingly prevalent, this paper examines the ethical implications that arise from this intersection. Drawing from a wide array of legal instruments, guidelines, and scholarly literature, the study delves into various ethical dimensions, including impartiality, transparency, accountability, confidentiality, and access to justice. The analysis underscores the critical importance of aligning AI deployment with foundational principles of fairness, independence, and neutrality inherent in arbitration. Through a meticulous examination of case law, such as State v. Loomis, and regulatory frameworks like the CIArb Framework Guideline on the Use of Technology in International Arbitration, the paper highlights the necessity of safeguarding against algorithmic bias, ensuring transparency in decision-making processes, and establishing mechanisms for accountability in AI-driven arbitration. Moreover, it explores the challenges posed by the “black box” nature of AI algorithms and advocates for the development of explainable AI systems to enhance trust and acceptance of arbitration outcomes. The study also addresses concerns surrounding confidentiality breaches and potential barriers to access to justice, emphasizing the need for robust cybersecurity measures and the promotion of inclusivity in technology adoption. Ultimately, the paper proposes a balanced approach that combines the benefits of AI technologies with ethical considerations to uphold the integrity and legitimacy of arbitration proceedings in the digital age.

Item Type: Article
Keywords: Black-box | Artificial intelligence | Educational assessment | Potential energy barrier | Scholarly publishing
Subjects: Physical, Life and Health Sciences > Computer Science
Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Dharmveer Modi
Date Deposited: 14 Oct 2024 10:59
Last Modified: 14 Oct 2024 10:59
Official URL: https://doi.org/10.1063/5.0234731
URI: https://pure.jgu.edu.in/id/eprint/8630

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