ARBI(TRAITOR)?: A CASE AGAINST AI ARBITRATORS

Ghazal Bhootra & Ishan Puranik

The full chapter may be found by clicking on the PDF link to the left.

This paper covers the notion of delegating the role of arbitrators to Artificial Intelligence (or ‘AI’) Systems. In recent times, Artificial Intelligence has been permeable in almost every industry. The legal industry is no different. Researchers have wondered if Artificial Intelligence arbitrators can now replace arbitrators as a solution to the problem of arbitral bias. Several countries have also started testing AI in arbitration proceedings. In theory, the idea is intelligent given that the common perception of AI is that it is free of stereotypes and bias, and cannot let prejudice slip into its decisions. However, in other uses of AI, it has been found that the AI is only as unbiased as the ones writing its algorithms and the data upon which such programs are trained. This paper aims to delve into the existing regulatory frameworks, examine whether they can effectively govern an AI-powered arbitrator and see if such parties can truly be the antidote to arbitral bias. The authors will also explain how there is a need for human arbitrators, and why delegating complete responsibility is a bad idea. While AI comes with the promise of providing solutions, it is not risk-free. Therefore, the paper concludes with how AI can be used in some aspects of an arbitration, but it cannot replace human arbitrators directly. Unlike the existing literature, this paper focuses on AI-powered arbitrators and the belief that they can combat arbitral bias, it also highlights whether the Indian regulatory framework allows for the appointment of AI powered arbitrators. The conclusion provides lucid suggestions and the context behind them to make AI-based solutions more viable in the process of arbitration.