The UAE’s rapid development of Artificial Intelligence (AI), IT security, and cybersecurity technologies has given rise to complex commercial disputes relating to data breaches, automated decision-making, contractual obligations, and digital system failures. Traditional litigation often finds it difficult to deal with such issues, and commercial arbitration is a better mechanism to deal with such technical and confidential issues. The present study adopts a qualitative analytical approach to examine arbitration treatment of AI-related, IT security, and cybersecurity disputes in the UAE. The results reveal the benefits of arbitration, such as its confidential nature, arbitrability, procedural flexibility, expertise, and the international enforceability of arbitration awards; electronic and AI-assisted arbitration tools contribute to efficiency improvements. Some challenges still exist in terms of the protection of cybersecurity, algorithmic accountability, and digital evidence. Arbitration has been found to be a valuable instrument to achieve legal clarity and as an effective complement to the UAE’s booming digital economy.
Budair et al. (Tue,) studied this question.