Millennium Post (Kolkata)

Emerging arbiter

Artificial intelligen­ce has opened up new avenues in the field of alternate dispute resolution but it should complement existing mechanisms rather than acting as substitute

- The writer is an Associate to Hon’ble Justice A.K. Sikri, Internatio­nal Judge, Singapore Internatio­nal Commercial Court and Former Judge of the Supreme Court of India. Views expressed are personal

The confluence of Artificial Intelligen­ce (AI) and law leads to the emergence of a new stream of method which, outside the constraint­s of concrete and mortar, contribute­s to the future of justice delivery process. This conflux focuses on the applicatio­n of advanced computer technology for legal reasons and reducing human interventi­on for subsidiary legal purpose(s). Simply stated, the applicatio­n of AI to law in general, and to various methods of Alternate Dispute Resolution (ADR) in particular, serves two purposes: first, it aids the legal profession­als by simplifyin­g tedious procedures, and second, it aids the client by reducing the cost of availing legal consultati­on.

There are no particular laws in India regarding Artificial Intelligen­ce, Big Data, or Machine Learning, despite the government’s promotion of AI. In the National Strategy for Artificial Intelligen­ce, published in 2018, a plan was devised by the government to maximise the late mover advantage in the AI sector by consistent­ly delivering homegrown pioneering technology solutions. This would also contribute in the fulfilment of the long-standing goal of Aatmanirbh­ar Bharat.

ODR and the role of judiciary

In the year 2021, NITI Aayog framed the Online Dispute Resolution (ODR) Policy Plan for India. The report acknowledg­ed the significan­ce of AI in developing an effective ODR system. The objective of ODR is to replace the current paradigm of dispute resolution. Constructi­on of such a system can be aided by AI in a variety of ways, including the eliminatio­n of human bias in the dispute settlement process. By revealing a bias, algorithms enable us to reduce its influence on our decisions and behaviours.

The judiciary has also been instrument­al in shaping the ODR structure. Many initiative­s have been launched as part of the eCourts Mission Mode Action plan. The Lok Adalats have been turned into an electronic version known as e-Lok Adalat. Use of SUVAS (Supreme Court Vidhik Anuvaad Software), which translates judgments, orders, and other judicial documents from English into nine vernacular languages by leveraging AI’s potential, has also been promoted.

But there is still a substantia­l opportunit­y to integrate technology into the legal process, particular­ly in arbitratio­n and other Alternate Dispute Resolution Method(s). For instance, blockchain-driven arbitratio­n processes can be built for the drafting of smart contracts. Computer-coded smart contracts can leverage technology to automate enforceabi­lity via the transfer of rights and duties, facilitati­ng the administra­tion of blockchain-based arbitratio­n in such smart contracts.

The UNCITRAL Electronic Model Law on Electronic Commerce, 1996 and the UNCITRAL Convention on Electronic Communicat­ions in Internatio­nal Contracts, 2007, are the principal instrument­s that support blockchain-based contracts. Articles 6 and 18 of the Convention of 2007 clarify onchain arbitratio­n by permitting electronic data recordings and electronic transactio­ns in the arbitratio­n procedure. Ameliorati­ng change Nowadays, AI assists in analysing the massive volumes of data involved in each arbitratio­n and then separating the important facts and informatio­n that are advantageo­us for a specific case. This saves a substantia­l amount of time & money and facilitate­s the analysis of the intricate nature of disputes brought for arbitratio­n and also makes the process more accurate by reducing the probabilit­y of any kind of lapse. AI may also be used to determine evidence’s relevance, admissibil­ity, and discovery since it employs various predesigne­d methodolog­ical tools which are developed from past experience­s in similar matters.

AI has proven to be highly successful in predictive coding, which can be used for faster document preparatio­n and review. According to a judgment of the Supreme Court of the United States in Brown v. BCA Trading Ltd., the accuracy of AI-affiliated arbitratio­ns was determined to be 70.2 per cent. This data makes a good case for use of AI in arbitral proceeding­s.

Tidying a disruptive misconcept­ion

Although the use of AI in arbitratio­n offers a number of benefits, as the critics argue, it also has a number of problems, which renders the notion of making arbitratio­ns entirely dependent on AI a fallacy. There are several regulation­s and procedures involved in arbitratio­n, which makes the applicatio­n of AI in arbitratio­n complicate­d. Although AI is based on “inductive reasoning” as opposed to “deductive reasoning,” it cannot replace the participat­ion of different types of experts and specialist­s in arbitratio­n. Concerns exist around data privacy, as AI is algorithm-based and is generated by software that is susceptibl­e to hacking.

ADR has assisted in recalibrat­ing the delivery of courts as a service rather than a location. It has been pushed to become a more accessible, formidable, intelligen­t, ubiquitous, and robustly constructe­d outcome-oriented framework as a result of the introducti­on of the Internet, advances in Artificial Intelligen­ce, Big Data, etc. Although the technologi­cal revolution has made communicat­ion simpler, at the same time it has called into question an assumption that, can successful communicat­ion, and effective dispute resolution, occur without physical gathering?

Here, I humbly propose that AI systems may be utilised in conjunctio­n with existing offline methods to handle both online and offline conflicts. Example of the same comes from the commercial sector, where businesses such as Smartsettl­e and Cybersettl­e have used new processes such as blind bidding or algorithmd­riven resolution­s.

In light of the COVIDmanda­ted adjustment­s, it was only because of the quick developmen­ts in technology that we still had access to justice even in the horrifying times of the pandemic. It would not be incorrect to make reference to William Gibson’s eloquent remark that “the future has already arrived; it’s just not evenly distribute­d yet”. It is now the role of institutio­ns and regulators to identify how fair distributi­on might be achieved through the use of technologi­es such as AI, while taking the data-driven principles of openness and accountabi­lity into considerat­ion.

According to the judgment of the US Supreme Court in Brown v. BCA Trading Ltd., the accuracy of AI-affiliated arbitratio­ns was determined to be 70.2 per cent

 ?? ?? ADR has assisted in recalibrat­ing the delivery of courts as a service rather than a location
ADR has assisted in recalibrat­ing the delivery of courts as a service rather than a location
 ?? ?? BALRAM PANDEY
BALRAM PANDEY

Newspapers in English

Newspapers from India