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학술논문중재연구2025.09 발행

Present Disruption, Future Design: AI and ODR in Global Arbitration

Present Disruption, Future Design: AI and ODR in Global Arbitration

Tony Andriotis(Professional & Institutional Relations Officer for the Japan Commercial Arbitration Association (JCAA)); Eric Yao(Associate at DLA Piper); Tyrell (Haneul Mang) Wallace(Professor of Computational Jurisprudence at Yonsei University)

35권 3호, 25~46쪽

초록

This article explores the evolving role of Online Dispute Resolution (ODR) and Artificial Intelligence (AI) in international arbitration. It evaluates the integration of digital technologies into arbitration procedures, with a focus on institutional adaptations, platform development, and procedural safeguards. The discussion highlights current challenges—ranging from ethical accountability to the risk of over-delegation—and assesses how arbitral institutions are responding to the pressure to modernize while preserving procedural fairness and legitimacy. By examining case studies from Asia, Europe, and North America, the article proposes a hybrid model that emphasizes strategic human-AI collaboration and outlines policy recommendations for arbitral governance in a digital era. The analysis draws on recent empirical data, institutional innovation (including the rise of digital-only arbitration platforms), and thought leadership in arbitral reform. The paper aims to contribute to the ongoing discourse on the future of international adjudication amid rapid technological disruption.

Abstract

This article explores the evolving role of Online Dispute Resolution (ODR) and Artificial Intelligence (AI) in international arbitration. It evaluates the integration of digital technologies into arbitration procedures, with a focus on institutional adaptations, platform development, and procedural safeguards. The discussion highlights current challenges—ranging from ethical accountability to the risk of over-delegation—and assesses how arbitral institutions are responding to the pressure to modernize while preserving procedural fairness and legitimacy. By examining case studies from Asia, Europe, and North America, the article proposes a hybrid model that emphasizes strategic human-AI collaboration and outlines policy recommendations for arbitral governance in a digital era. The analysis draws on recent empirical data, institutional innovation (including the rise of digital-only arbitration platforms), and thought leadership in arbitral reform. The paper aims to contribute to the ongoing discourse on the future of international adjudication amid rapid technological disruption.

발행기관:
한국중재학회
분류:
무역학

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