디지털 시대의 중재 혁신: AI 기술의 활용과 도전

This paper examines guidelines and progressive approaches for using emerging technologies, particularly generative Artificial Intelligence, in arbitration by reviewing research papers and reports from institutions such as the Silicon Valley Arbitration and Mediation Center (SVAMC), the London Court of International Arbitration (LCIA), the International Chamber of Commerce (ICC), and the Stockholm Chamber of Commerce (SCC). These institutions have pursued various strategies, including establishing or amending regulations, to embrace new technologies. Notably, the SVAMC has aimed to advance through interaction with legal frameworks, thereby contributing to preserving the flexibility of the arbitration system while enhancing cooperation among institutions. However, the introduction of generative AI faces significant limitations, including a lack of cultural awareness, distrust of new technologies, and the potential for errors. These concerns stem from fears that decisions made by generative AI could be inaccurate and beyond the control of the parties involved. To address these limitations, this paper presents three solutions to make the benefits of technology adoption more tangible. Ensuring transparency in AI decision-making, respecting community values, and developing human-friendly technologies are projected to lay the foundation for a successful coexistence between generative AI and humans. Furthermore, this paper suggests an innovative perspective at the convergence of law and technology. Future research could focus on analyzing real cases of AI-based arbitration or developing a more detailed roadmap through in-depth discussions on the legal binding force of AI arbitration outcomes.