Abstract The growing impact of artificial intelligence, covering themes such as disruption, regulatory, and reconfiguration of substantive, procedural, and enforcement mechanisms, can be felt through increasing inequality, exclusion, and discrimination in terms of access to the technology, data sets, and understanding of the workings and functioning of these everevolving, complex, and dynamic processes. The paper aims to elaborate on the evolution, impact, and disruption brought in by emerging technologies and how Arbitration as a dispute resolution mechanism is a cost saving, time-efficient, and resource-efficient process compared to other modes of resolving disputes. Varying types of technologies led by increased datafication, computing power, and machine learning capabilities have led to different kinds of economic activities halted, thereby leading to the need for reconfiguration of their governance and operation, and as is discussed in the paper, the various types of challenges arbitration process face in their implementation. This article debates multiple limitations associated with the self-executing nature of blockchain-based Arbitration and critiques them in this critique. In addition to the same several various related to the inclusion of electronic arbitration clauses will be discussed, such as definitional problems, issues associated with timely completion and presentation of evidence in the proceedings, ethical concerns related to automated arbitration clauses and proceedings, and in the light of these challenges, solutions evolved or in consideration, arbitral institutions such as ICC, IBA, UNCITRAL, and another regional mechanism in the situation of developments globally, shall be studied briefly. The article's conceptualisation is based on a comparative and analytical lens for studying, consolidating, and critiquing facets of technological innovations in international arbitration and resolving technological disputes through international arbitration to cover domestic and transboundary disputes. The final aim is to conclude, backed by legal developments and presentative viewpoints of various institutions, that negative perceptions of an artificial intelligence-based arbitration do not dominate general and wide recognition of technology resolving time, space, and saving factors associated with technological revolution.

INTERNATIONAL ARBITRATION SPECTRUM AND ITS? INCONSISTENT BUT COLORFUL INTERACTION WITH EMERGING TECHNOLOGIES: A CONTEXTUAL ANALYSIS / Bali, Ruchira Kaur. - In: JOURNAL OF LEGAL, ETHICAL AND REGULATORY ISSUES. - ISSN 1544-0044. - 27:3(2024), pp. 1-32.

INTERNATIONAL ARBITRATION SPECTRUM AND ITS? INCONSISTENT BUT COLORFUL INTERACTION WITH EMERGING TECHNOLOGIES: A CONTEXTUAL ANALYSIS

Ruchira Kaur Bali
2024

Abstract

Abstract The growing impact of artificial intelligence, covering themes such as disruption, regulatory, and reconfiguration of substantive, procedural, and enforcement mechanisms, can be felt through increasing inequality, exclusion, and discrimination in terms of access to the technology, data sets, and understanding of the workings and functioning of these everevolving, complex, and dynamic processes. The paper aims to elaborate on the evolution, impact, and disruption brought in by emerging technologies and how Arbitration as a dispute resolution mechanism is a cost saving, time-efficient, and resource-efficient process compared to other modes of resolving disputes. Varying types of technologies led by increased datafication, computing power, and machine learning capabilities have led to different kinds of economic activities halted, thereby leading to the need for reconfiguration of their governance and operation, and as is discussed in the paper, the various types of challenges arbitration process face in their implementation. This article debates multiple limitations associated with the self-executing nature of blockchain-based Arbitration and critiques them in this critique. In addition to the same several various related to the inclusion of electronic arbitration clauses will be discussed, such as definitional problems, issues associated with timely completion and presentation of evidence in the proceedings, ethical concerns related to automated arbitration clauses and proceedings, and in the light of these challenges, solutions evolved or in consideration, arbitral institutions such as ICC, IBA, UNCITRAL, and another regional mechanism in the situation of developments globally, shall be studied briefly. The article's conceptualisation is based on a comparative and analytical lens for studying, consolidating, and critiquing facets of technological innovations in international arbitration and resolving technological disputes through international arbitration to cover domestic and transboundary disputes. The final aim is to conclude, backed by legal developments and presentative viewpoints of various institutions, that negative perceptions of an artificial intelligence-based arbitration do not dominate general and wide recognition of technology resolving time, space, and saving factors associated with technological revolution.
2024
AI, Computing power, Arbitration, Ethics in Arbitration, ISDS, ICC, EU Consumer legislation, Blockchain, B2B, B2C, and P2P, Document delivery, New York Convention on Enforcement of Arbitral Awards, UN Working Group Proposal II, EDI, NFT, Silicon Valley Centre for Mediation and Arbitration, IBA Rules on Taking Evidence in International Arbitration, Arbitral Fairness, ethics, Transparency, Lex Mercatoria, Lex Informatica, Adjudication, Party autonomy
INTERNATIONAL ARBITRATION SPECTRUM AND ITS? INCONSISTENT BUT COLORFUL INTERACTION WITH EMERGING TECHNOLOGIES: A CONTEXTUAL ANALYSIS / Bali, Ruchira Kaur. - In: JOURNAL OF LEGAL, ETHICAL AND REGULATORY ISSUES. - ISSN 1544-0044. - 27:3(2024), pp. 1-32.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11385/239918
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