AI & Law: Impartiality of Arbitrators

AI and the impartiality of arbitrators

by Dr. Lance B. Eliot

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Key briefing points about this article:

• Arbitration consists of one or more arbitrators and the associated parties to the case
• A party might accuse an arbitrator of having biases that impacted impartiality
• Disclosure pre-case is intended to aid in avoiding selecting a potentially biased arbitrator
• Futurists of the law are anticipating that AI will have a notable role in arbitrations
• Turns out it is a commonly accepted false assumption that the AI will be bereft of biases

Introduction

Arbitrators are often greeted with delight at the beginning of a case and then treated with disdain after the arbitration has been decided, especially by any party that feels they were somehow gypped or got a raw deal. One minute the arbitrator is the superhero for taking the case, the next they are the grimy goat for having bungled how the arbitration proceeded and the result produced.