인공지능에 기반한 중재의 가능성에 관한 소고

Abstract

This article begins with the question of whether artificial intelligence(AI) can play the role of a judge in civil dispute resolution. Despite the remarkable performance of artificial intelligence, according to previous studies, legal analysis of artificial intelligence is still in its infancy, and it is questionable whether artificial intelligence will replace humans in complex civil trials that require judgment on factual and legal issues. However, it is expected that the use of artificial intelligence will be more useful than side effects in mediation procedures, one of the alternative dispute resolution(ADR). In addition, there are many positive views on the use of artificial intelligence in online dispute resolution(ODR). Then, what about arbitration? The composition of this article is as follows. First, the possibility of artificial intelligence arbitration is reviewed from a technical point of view. As for what artificial intelligence applications can be applied to arbitration, we look at artificial intelligence applications to assist arbitrators and artificial intelligence applications that can replace arbitrators. Second, in light of the characteristics of arbitration, the possibility of artificial intelligence arbitration is reviewed. As a characteristic of arbitration, the impartiality or independence of the arbitrator, arbitration as a dispute resolution procedure, and an arbitral award rendered by the arbitrator are examined. Third, the possibility of artificial intelligence-based arbitration in international arbitration is reviewed, focusing on the interpretation of the New York Convention and the UNCITRAL Model Law on International Commercial Arbitration. In particular, we examine the possibility of recognition and enforcement of arbitral awards of artificial intelligence. In conclusion, in light of the purpose and functional characteristics of arbitration, arbitration refers to a dispute resolution procedure presided over by an independent and impartial third party that makes a final and binding decision, which can be carried out by an artificial intelligence application based on supervised learning without necessarily putting in people. However, so far, there is no artificial intelligence application that can make arbitration decisions entirely without human intervention. Nevertheless, considering the pace of technological development, artificial intelligence that makes autonomous decisions is expected to emerge at some point in the future and play the role of arbitration. Since arbitrators and arbitration procedures can be freely selected due to the procedural nature of respecting the autonomy of the parties, artificial intelligence-based arbitration is likely to be selected if the quality of arbitration by artificial intelligence arbitrators is not inferior to that by humans.