Overall, Artificial Intelligence (AI) stands out among the most impactful technological advancements of the 21st century, having reshaped the landscape of legal systems and dispute resolution processes globally. International commercial arbitration, which is preferred for resolving cross border commercial disputes due to its flexibility, neutrality, confidentiality and efficiency, is increasingly incorporating AI driven tools and technologies into arbitral processes. From legal research and document review to predictive analytics and drafting assistance, AI is reshaping the manner in which arbitration proceedings are conducted. The complexity of international trade and the number of transnational disputes have led to a need for more speedy, cost efficient and technologically advanced ways to settle disputes. In this context, AI offers substantial opportunities for improving procedural efficiency, reducing human error, enhancing legal research capabilities and streamlining evidence analysis. Arbitral institutions, legal practitioners, and corporations are slowly beginning to make use of AI powered technologies for case management, reviewing large quantities of data, translation, and the preparation of arbitral awards. However, while these benefits are clear, there are also numerous legal, ethical, and regulatory issues associated with the use of AI in international commercial arbitration. The use of AI systems may lead to algorithmic bias, lack of transparency, cybersecurity vulnerabilities, confidentiality breaches and due process violations. There has also been some questioning of how much AI can be involved in the decision making process, and whether AI systems would eventually be able to replace human arbitrators. These concerns are directed at the core values of arbitration - party autonomy, fairness, impartiality and natural justice. Internationally, different organisations and regulatory bodies are working on ethical guidelines and governance structures for the responsible application of AI in legal and arbitral proceedings. However, there are uncertainties about the accountability, transparency and admissibility of decisions made with the assistance of AI, due to the lack of a uniform international regulatory framework. As a result, it is important to consider the potential benefits and dangers of AI in arbitration, and to weigh the benefits of technological innovation against legal protections. The primary objective of this study is to critically review the use and effects of Artificial Intelligence on international commercial arbitration, touching upon its applications, benefits, risks, regulatory issues and future implications on international commercial arbitration.
Himanshu Bhati (Fri,) studied this question.
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