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23 - Commercial Dispute Resolution and AI

from Part III - Corporate and Commercial Law

Published online by Cambridge University Press:  21 March 2024

By
Anselmo Reyes  and
Adrian Mak
Edited by
Ernest Lim  and
Phillip Morgan
Ernest Lim
Affiliation:
National University of Singapore
Phillip Morgan
Affiliation:
University of York
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Summary

On AI-assisted adjudication, concerns including biases (such as automation bias, anchoring bias, contrarian bias, and herd bias) and ethical worries (such as human adjudicators ceasing to be decision-makers, excessive standardisation of decisions, and the fact that judges may be pressured to conform to the AI’s predictions) can be addressed. Adjudicators may use AI to assist them in their decisions in three aspects: training and implementation; actual use; and monitoring. Because AI will not be able to provide the legal justifications underlying its predictions, the human adjudicator will have to explain why the AI-generated prediction is legally justified. AI will not replace adjudicators.

Keywords

Adjudicationcommercial disputespredictive analytics AIbias
Type
Chapter
Information
The Cambridge Handbook of Private Law and Artificial Intelligence , pp. 511 - 533
Publisher: Cambridge University Press
Print publication year: 2024

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