Picking the Proper Technological Tool for Problem-Solving in Arbitration

Abstract

Recent years have seen new technologies disrupt many established industries and institutions, continually testing our imaginations and defying our expectations. It is no surprise that technology is also disrupting the law and the practice of arbitration. Technology has meanwhile moved faster than imagined with generative AI and innovative technological tools hitting the market every day. While these technological advances are exciting, it is important to approach the use of technology with deliberate thought and analysis. This chapter explores the potential applications of these technologies in arbitration, and their capacities to hurt and harm stakeholders in a particular case. Specifically, this chapter considers artificial intelligence (AI), blockchain, and the immersive environments of the metaverse, and how these tools can be leveraged to streamline and improve the effectiveness of dispute resolution mechanisms. Still, this chapter emphasizes the importance of approaching use of technology through the lens of dispute system design ideas as a framework for considering these technologies and selecting the best technology for addressing a particular issue or problem in arbitration. It is vital for arbitrators, lawyers, and policymakers to approach technology like any other tool in an arbitral problem-solving toolbox and use caution in selecting the right technology for the context and parties in arbitration.

Keywords: ODR, OArb, arbitration, online dispute resolution, legal tech, legal technology, AI, metaverse, blockchain, dispute resolution, A2J, access to justice, alternative dispute resolution, courts, legal education