Commercial Dispute Resolution and AI
Anselmo Reyes, Adrian Mak · Cambridge University Press eBooks · 2024
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.