Author(s): Tejal Singh,Vikrant Sopan Yadav
The use of artificial intelligence (AI) is becoming more common in arbitration, with the potential of enhancing efficiency, minimizing expenses, and increasing predictability in resolving disputes. Nevertheless, the moral side of the introduction of AI at such a level is under-investigated. The present paper will discuss the ethical aspects of AI in the context of arbitration, its fairness, transparency, accountability, and humanity. The study investigates opportunities and risks of AI-driven arbitration by a qualitative review of the legal frameworks, peer-reviewed literature, and institutional guidelines, such as the EU AI Act, UNCITRAL ODR principles, and GDPR. On the one hand, AIs, including predictive analytics and automated document review, can help to facilitate the proceedings; however, on the other hand, they may serve as the source of bias, the suppression of judgment due to the black box model, leading to the erosion of the role of the arbitrator. The present paper proposes that accountability and transparency should be the foundation of ethical governance, which is necessary in ensuring that AI supplements and does not undermine the integrity of arbitral processes. The paper suggests a code of practical rules to achieve efficiency and ethical protection to add to the discussion on the responsible use of AI in arbitration.