The independence and impartiality of the arbitrators is a long lasting hot topic in international arbitration. Indeed, one of the fundamental requirements of the decision-making process of arbitration is that the arbitrators must be, and remain throughout the entire proceeding, independent and impartial.
When selecting the arbitrators, there are a number of questions that arise, and running a proper conflict of interests check is paramount, lest there is any circumstance related to the arbitrator’s independence and impartiality that may jeopardise the entire process.
In this regard, we can ask the questions: can AI help in selecting (or even make the final decision on the selection of) the arbitrator? How does the use o AI help in relation to the independence and impartiality of the arbitrators?
The use of AI in the selection of arbitrators can definitely help and have a positive impact on the independence and impartiality of arbitrators.
Here are some specific advantages:
1. Objective evaluation: AI algorithms can assess the qualifications, experience, and performance records of potential arbitrators in an objective manner, without being influenced by personal biases or subjective factors. This helps ensure a fair and unbiased evaluation of candidates based on their merits, enhancing the independence of the selection process.
2. Reduced human bias: human biases, conscious or unconscious, can sometimes affect the selection of arbitrators. By relying on AI algorithms, which are designed to be neutral and objective, the risk of bias in the selection process can be minimized. This promotes greater impartiality in choosing arbitrators.
3. Comprehensive analysis: AI systems can gather and analyse extensive data on potential arbitrators, including their past cases, decisions, and feedback from parties involved. This comprehensive analysis allows parties to make more informed decisions based on objective information, reducing the reliance on subjective assessments and further enhancing the impartiality of the selection process.
4. Diverse and inclusive selection: AI can help address concerns about diversity and inclusivity in arbitrator appointments. By examining a wide range of data and criteria, AI algorithms can identify a more diverse pool of candidates, including individuals from different backgrounds, genders, and regions. This promotes inclusivity and contributes to the independence and impartiality of the arbitration process.
5. Transparent and traceable process: The use of AI in arbitrator selection can provide transparency by offering a clear and traceable process. Parties can understand the criteria and factors that led to the selection of a particular arbitrator, ensuring transparency in the decision-making process. This transparency fosters confidence in the independence and impartiality of the selected arbitrator.
It is important to note that while AI can enhance the independence and impartiality of arbitrator selection, it should not replace the exercise of human judgment. Human oversight and final decision-making remain crucial in considering the unique circumstances of each case. AI should be viewed as a tool to assist and augment the selection process, reinforcing the core principles of independence and impartiality in arbitration.
Photo of Saúl Bucio on Unsplash