Gizem Halis Kasap, Can Artificial Intelligence (‘AI’) Replace Human Arbitrators? Technological Concerns and Legal Implications

Gizem Halis Kasap, Can Artificial Intelligence (‘AI’) Replace Human Arbitrators? Technological Concerns and Legal Implications (June 9, 2021). Journal of Dispute Resolution, Vol. 2021, No. 2, 2021, Available at SSRN

Abstract

Artificial intelligence (“AI”) has advanced to the point that machines can compare and contrast historical cases in order to predict the outcome of a dispute at hand. AI studies that predict the outcome of litigation have stirred heated debate about the possible arrival of AI judges. Few scientific and legal studies have investigated the prediction of legal decision-making in arbitration despite the fact of AI predicting case outcomes and the emerging talk of AI judges. Inspired by these debates and to fill this gap in legal scholarship, the article poses the question of whether AI will be able to replace arbitrators, enquires into AI’s ability to predict outcomes of future cases in the context of international commercial arbitration, and scouts the potential implications if AI does, in fact, replace arbitrators. Although this article focuses on the international arbitration perspective, it looks at examples and studies from a wide range of legal fields, and its findings apply adjudicatory decision-making more generally.