TECHNOLOGY AND ARBITRATION
The outline structure of the whole phase at which the technology has been improving in the past few years has been contribution starting from the century’s age. Having to the point to understand the present and its issues and its concerns related to the present form of the interpretation that is the use of the arbitration today as its increasing area of practice in the international enforcement and then touching the regions of the several e- arbitration in this time.
The article has been divided towards detailed division of the paragraph is particular focus in Indian court in context of representation of case study the increasing of the division of clarity of sake of attention towards each other to draw on the arbitration vis- a –vis information technology the growing significance of the internet move towards the Dispute resolution methods which is ODR. That is online arbitration which incorporate more which supports to maintain the entire process online verification process that this article concludes with some of the common to the new challenges which have issues having feast and all of the arbitration is just getting started now increasing looking forward the best interest of the people.
Bridging the Private Agreement with the Public Relevance
The thinking of the arbitration as from the centuries wide perspective and there are some of the essential and some of the prominent feature that in the arbitral process have changed in the dramatically through the centuries. Arbitration have been started with the prime focus of making it as the private agreement between the parties and continues with that of the private proceedings and that ended up in the award that is in the binding on the legal force. The appropriate conditions for the agreement to be written, formal and legally binding between the parties at the dispute and is the deep root of the matter. The tangible award of the arbitration is that of the final award which is must be the decision which is abide by the fact of the official court with the sovereign jurisdiction power and the arbitrators in the proceeding can be a private arbitral tribunal or the sole arbitrator.
The following of the identifying the enforcement of the foreign awards have been done by the private decision of the arbitral ward of the introduction which has been done by the judicial public system. From seeing back at the time of the origin of the arbitration we are looking at the 19th and the 20th century in common. The history of making the recognition and the enforcement of the procedure of the arbitration can be referred to as the circular evolution. In the cardinal and the essential feature was established to formulated in the 1926 in the Belgo -Dutch treaty in 1928 and in 1927 the Geneva conventions and there need to have the execution on the applicant party need to provide the proof of the arbitral award and its enforcement.
The Online Dispute Resolution (ODR) & E- Arbitration
Many of the centuries the age of the internet have been now forwarded away from of the world of the litigation. There come the ADR a better solution for the time of the current scenario and the cases pending in the courts. In particular the ignorant of the current scenario with the questioning the controversy issues related to the challenges that it brings together as to linking it to the entire field of IT has been huge. The first impact of the IT which has been made have the reference been made in the arbitration clause at general and which arose a rationalize question in the minds like whether the arbitral award granted to the parties through email are valid or not? And concerning with the issues of the privacy of the parties what will be the procedure of the submission of the procedure of the documents in the electronic version by the means of the online platform? This form of the arbitration has been accepted by much arbitral institution at to focus the development of the new instrument at to allow settling the dispute in online mode.
The information technology have played a quit a role in the significance of the arbitration. The system it is proved to be the more effective and the mature step for the existence of the now nature of living. Form the study of the 2006 of the study have reflected that that the AI system (Artificial intelligence) has found to be 79% accurate and the survey of the united states supreme have shown that the system of the be 70.2 % accurate. But the question of the creditability have been a query refereeing to make a comparison of the human arbitrator whether the AI system is feeding with the appropriate data to set off as to effective as to the human system?
Analysis of the Information Technology in the Arbitration System
The AI based arbitration system has quit an instrumental which has been assistance to the system of the arbitration.
The written and the requirements:
The express reference about the electronic and the digital communication has not been mentioned and the formal arbitration clauses or the requirements for the valid agreements amongst the other have to be in written. But with the last decade by the various cases there have been changes that concluded to make “the arbitration clause to be valid either in the case of the signed contract or when send through the telegram, letters, telexes, or through the other means of the communication”. As with the changing time mainly in the international trade practices the diffusion of the need of the physical signature has dismissed. The strict interpretation of the clauses of the arbitration the court has also considered the other means of the communication as the agreement in the modern means of the communication.
The Replacements of the Human Counsel by the Technology System
As being seen the counsel in the Arbitration has to perform the task which are of great variety and have importance of its own and some of which includes the performing prepare the statement of claim and the defendants and with the proper filling of the necessary application which need to be argued by the parties in the dispute, with the list of the witnesses in the cross- examination and others. The much awaited question which might arises in the problem of the whole is that whether the AI system will cope-up with the involvements as that of the human arbitrator in this sector? The replacement of the human arbitrator would be as ideal as that will be to make the rhythm of the arbitration at pace. There are some key functions which need to be performed by the arbitrator is that to make the decision with the ability and of the process and in the voluminous documents and files and to acquire the connect to the law and the procedure in that sector at dispute which necessary need to be done only when there is a legal knowledge and the at this position have the ability to connect to the order to defend the client and must also have the ability to present the case and argue with the other party and frame to represent the cross-witness.
The analysis of the role and responsibilities of the human counsel through the surveys and interpretation it has come to the conclusion that the AI system would be more effective considering the read of the voluminous article and the legal data considering the human error might not be the case which will be seen in the AI system at basis, and to connect where and how the legal will be at the best of the assure in the procedure of the dispute will be at good analysis in the AI system. But, since the other task which means to make the opening statement and other task is still under the dark doubt whether they can be performed by the AI system. The simple ability of the connection of the law to the procedure of the dispute is creativity thinking which a human counsel adapts in years and it’s hard to say that the technology could interpret the mind of human so closely. So, however the need of the AI system as the AI counsel is eliminated in a fully AI based arbitration.
Due Process of concerns
The process of the arbitration is not been governed by some set guide of rules and regulation it’s just been analytically guided by the principle of the nature justice which collectively to form the Due Process. There can be clash of ideas and the class of interest of making the arbitration in a different form. There might be the case when one party might have the idea to have fully AI based and other might appoint the counsel. At this position the due process of law need to be taken into consideration.
The first stage of the Arbitration has to be the appointment of the arbitrator(s) by the parties for the dispute. The site of having the AI Arbitrator can be seen a step of advancement to a set-back in some of the Situations. There have been seen a great hustle regarding the appointment of the arbitrator again and again which can be solved in the AI system, but there can be situation when the parties might face trouble due to the machine made arbitrator.
The primary power of the decision making of the AI arbitrator is the main role of the arbitrator. The second stage at which the arbitrator has to submit the submission of the claim and the disputes which have raised by the parties. Which raise the question whether an AI system will be so pertinent to connect the factual issue with the legal law and could present to understand the facts of the parties? This cannot be neglected that being a smart system the data which has been fed inside the system can be remembered for the long period of time then the humans and the making the data inherently without any of the biasness.
The statement of the claims and the defense submitted will be in position of the biased circumstances the AI system can be said at a good position to make an analysis of the factual position with the respond of the statement presented. The stage of presentation of the documents and evidence taken at that time parties may be cooperative and give the proper and actual evidence, but in some situations the decision lies on the arbitrator to narrow down the issues to make it a task to clear out the confidentially hidden by the parties. The awards for the confidential and finding the adequate database for the data in the arbitration is the complex nature of the the task which is beyond the imagination.
The discussion above is just the oral and functional aspect of arbitration; the arbitrator has more to present being an arbitrator. The Ai arbitrator might not be a present as the legally feasibility of the several jurisdiction might not allow the requisites of the nationality and the application of the natural person at the present arbitrator. For making the AL arbitration an act of affordability there need to have some major changes in the jurisdiction of the system.
The stage at which the arbitral award is being given is at the end of the meeting after the analysis the mind from the factual position of the parties and against the legally backgrounds they are legally bounded with. The skills which have been developed by the arbitrator from the years might not be with the AL arbitrator and the compiling the jurisdiction that arbitral award carry for the proper examination reasoning and to explain how the arbitrator has come to that reasoning might to fail in the sense from the part of the AI arbitrator, as the AI does posses such skills and that might be the crucial in an arbitration the understanding of the commercial impact from that award. In some of the jurisdiction the arbitral award need to be in written or with signature in such cases need to be exclusive on the arbitration.
The AI based Clauses under the Arbitration and Conciliation Act,1996
In the present statue does not support the AI base Arbitration due to some of the reasons:
The definition of the arbitral tribunal under Section 2(1) (d) of the arbitration act which includes the sole arbitrator or the panel of arbitrators, and under the Section 11 of the appointment of the arbitrators there it highlights that the terminology of the nationality of the arbitrator which can only be applicable in the case of the natural person and till the time all the database in the responded of the legal status till then AI system cannot start.
Under the Section 18 of the Equal treatment for the parties in that cases the arbitral tribunal may have the power to dissolve a party from using the AI system whereas the other party have to dispute for the same, there is clash between the parties that may arise.
The coming stage of the AI system where the stage providing the Arbitral award under the Section 31 means the form and contents of arbitral award which required having the signature and the award should be in writing by the members of the arbitral tribunal will be issue.
Under the section 31 (3) it has been mandatory to have the state the reason for giving the concern arbitral award then in those case AI system dont have such reasoning abilities.
In light of the changes in the world the involvement of the AI system and the occurrence of replacement of the humans in the arbitration sector. The solid structure of the AI system is need to make the resounding of replacement of humans capable, since the present form of the advancement is not enough for capturing the AI system as the confirmed replacement. The involvement of the AI arbitration may be gradually increasing in the many on the fields for the human assistance, but it cannot be seen as the commercial change for the sheer complexities the arbitrator have to be while arbitrating a dispute and the even the subsumed by the AI system but the mere existence of having the high cost of the AI system might not be a suitable brining the gap of the dispute has occurred with the some major loss. The instruction given during the time of the dispute that might be a functional role an AI could play as substantial replacement at this utilizing the present scenarios it might can create trouble in the sense for the arbitration sector.
See ALBERT JAN VAN DEN BERG , new York convention: convention on the recognition and enforcement of Foreign Arbitral Awards
NAME: IESHA SHARMA
COLLEGE: UNIVERSITY OF PETROLEUM AND ENERGY STUDIES
SEMESTER: 6TH SEMESTER