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Future of Artificial Intelligence in Dispute Resolution Mechanism

INTRODUCTION:

In today’s world, technology and scientific development plays a vital role in the growth of the economy which makes the life of the general public much easier. There has been a rapid growth in the field of science and with the help of the technology Artificial Intelligence (AI) is developed. The term AI is used to define a machine which refers to the stimulation of human intelligence and are programmed to think like humans which exhibits traits associated with a human mind such as learning and problem-solving. They are designed to understand and behaves intelligently. This involves various technologies like machine learning, computer vision natural language processing and machine reasoning. The concept of Artificial Intelligence has been introduced into the Indian judiciary system by the Hon’ble Chief Justice of India Ranjan Gogoi in Supreme Court through which the judgments are provided to the general public in their vernacular language through its AI tool named as “SUVAS” (Supreme Court Vidhik Anuvaad Software), which is considered to be a great achievement in the legal field.[1]

In recent times, International Commercial Arbitration involves artificial intelligence for the dispute resolution. Through the perspective of justice, the Arbitrators and the practitioners are keen to know about the functioning of the AI tools which has created a positive impact on the arbitration process[2]. Dispute resolution mechanism helps in determining the rights and liabilities of the corporate parties over the dispute regarding profits and with the help of AI it has become more convenient. The present-day lawyers who are tech savvy wants the indulgence of AI for the efficiency in dispute settlement whereas the senior lawyers are still in dilemma because they believe in working manually. Thus, this article aims to provide a broader perspective of artificial intelligence and its positive impact on the legal system.

PREDICTIVE CODING:

The term Predictive Coding is defined as an AI tool referring to a machine tool which is supervised, and the human review-based inputs are taken for relevant data and is applied to a larger document. Through this coding relevant documents are identified by the set of algorithms. The predictive coding functions in a manner when human based inputs are given to the machine like ‘relevant’ or ‘not relevant’ language coding and with help of the algorithm, machine finds out the relevant data in order of relevance from large number of documents. Afterwards senior lawyer supervises those relevant documents which makes the work of the lawyer much easier. Therefore, with the help of this coding review process has become much more convenient and less time consuming in comparison with the manual based human review. In precedents[3], it is observed that the US Courts have opined for the usage of AI and the statistics has shown that the predictive coding review is superior than the traditional review process. In Brown v. BCA Trading Ltd,[4] it was first contested about the application of the usage of predictive coding.

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Even though it shows a positive impact there are some risk involved in this process and has become a concern for the judiciary to look upon the matter. It is because this artificial intelligence can be biased as the set of algorithm inputs by the humans can be with the maleficent intention or biased for one party. Some of the practitioners put forth their concern regarding the risk involved and how to quantify those risks. In the defence of AI, the author agrees that there are possibilities of risk involved for example it can miss out any relevant data for the document but with the help of developments we can quantify those errors and rectify it with further coding. This information can be shared with the tribunal and the other party. There is no guarantee that a human error is not possible if the documents are reviewed through traditional method. Human errors rarely come to light, the author is of the view that AI has both positive and negative impacts just like a coin with two sides, yet we can focus on the development of the coding for efficient working system in the dispute resolution mechanism.

IMPACT ON LEGAL SYSTEM – POST COVID SCENARIO:

Over the years, we often say that our judiciary is not working efficiently in terms of pronouncing judgement as number of cases are pending but in the recent years due to the artificial intelligence, we need to observe the changes. We must agree that AI is here, and it is here to stay and help in resolving the disputes through a speedy trial. The judges of the Supreme Court and the High Courts with the assistance of AI can pronounce the judgements and take legal decisions in matters relating to granting or awarding the appropriate sentence, therefore encouraging speedy trial and disposal of cases. One of the most important aspect is that it helps the lawyer in research work. Earlier for the lawyers it was a tedious and time consuming process to find the relevant case laws and precedents for the matters but in recent years with the help of digital library, it is really convenient to access the case laws which is just a click away. Currently there are some of the technologies that are used in India are Police Artificial Intelligence System or PAIS, developed by staqu, Punjab Police is using this; Artificial Intelligence-based system which has features like face search, text search, etc., and a database that has data of more than 1 lakh criminals within the state and INNEFU Labs’ facial recognition software AI Vision, Delhi Police is using this AI-based software that works on face and bio-metrics analysis.[5]

Are you looking for this?  Investor State Dispute in International Commercial Arbitration

In the present situation when the whole world is going through this epic pandemic still the High Courts are functioning with the online dispute resolution mechanism. Previously we have never realized the importance of technology but in the present situation, measures that are taken by our government like lockdown and social distancing to reduce the transmission of disease has made us realize the importance of technology. Therefore, the Indian judiciary has also relied on technology which permitted the e-filing and hearing of the cases through online. In the traditional method jurisdiction aspect always created a hindrance for dispute resolution but in the present situation it has become much easier where parties can settle for the disputes through digital means. This function proves to be a cost effective and efficient system.

CONCLUSION:

There is not a second thought that the impact of AI in the legal field has been a boon to the judges and the legal practitioners. With the help of AI, the lawyers are now able to resolve the disputes in much lesser time and effort while the judges are able to make decisions with the assistance of AI. We see the changes in the legal field that law and technology is going hand in hand as well as the Indian courts are incorporating the assistance of AI for their benefit. Although, there is a positive impact yet there are requirements to evolve to curb the shortcomings for the betterment. These problems should be addressed like the security of the data provided, no biased inputs and no discrimination in the near future for the outcome of the impartial decision. Therefore, we expect behind adopting AI, it should provide fair, fast, transparent and quality decision in the legal field.

Are you looking for this?  Investor State Dispute in International Commercial Arbitration

[1] Mr. Parth L. Sagdeo, Blending Machine Intelligence with Natural Intelligence: Artificial Intelligence and Law, MANUPATRA, www.manupatra.com.

[2] Claire Morel de Westgaver, et al, Artificial Intelligence, A driver force for efficiency in International Arbitration- How Predictive Coding can change document production, KLUWER ARBITRATION BLOG, http://arbitrationblog.kluwerarbitration.com/2020/02/23/artificial-intelligence-a-driver-for-efficiency-in-international-arbitration-how-predictive-coding-can-change-document-production/?doing_wp_cron=1597765497.7478020191192626953125.

[3] Moore v. Publicis Groupe, 11 Civ 1279(ALC)(AJP).

[4] [2016] EWHC 1464 (CH).

[5] Amitosh Dubey, Future of Artificial Intelligence in Legal System, MANUPATRA, www.manupatra.com.


Cite this article (The Bluebook 20th ed.)-

Srishtimoyee Bhattacharya, Future of Artificial Intelligence in Dispute Resolution Mechanism, Ex Gratia Law Journal, (October 13, 2020), https://exgratialawjournal.in/blawg/adr/future-of-artificial-intelligence-in-dispute-resolution-mechanism-by-srishtimoyee-bhattacharya/.

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Author

Srishtimoyee Bhattacharya
Student - KIIT School of Law, Bhubaneswar, Odisha