Future Of Arbitration Research Articles

ARTIFICIAL INTELLIGENCE AND ITS ROLE IN THE DEVELOPMENT OF THE FUTURE OF ARBITRATION

AI has proven to be a powerful tool in various fields, and its integration into arbitration is highly anticipated due to its potential to improve efficiency, accuracy, and objectivity. This paper aimed to analyze how AI can help streamline arbitration, reduce costs, ensure faster dispute resolution, and improve accessibility. By using machine learning algorithms and natural language processing techniques, AI systems can analyze large volumes of legal text, extract relevant information, recognize patterns, and predict case outcomes. In addition, AI-driven chatbots could provide users with instant support and assistance in navigating the complex arbitration process. However, ethical considerations such as privacy and bias must be taken into account to ensure that AI does not compromise fairness or jeopardize confidentiality in arbitration proceedings. The article concludes with an examination of the transformative impact that artificial intelligence will have on the future of arbitration and emphasizes the needfor continued research and collaboration to realize its full potential while preserving the integrity of arbitration practice.

Alternative Dispute Resolution: Concept, Criticism and Future of Arbitration and Mediation

Settlement of disputes either in the courtroom or outside the courtroom requires the expeditious dispensation of justice as “justice delayed is justice denied” and “justice hurried is justice buried.” While maintaining the thin line between hurried and delayed dispensation of justice, the alternative dispute resolution processes are in trends in legal markets and are embellished with the characteristics of amicable, inexpensive, and expeditious resolution of conflict, hence, attracting the aggrieved parties to resolve their disputes through “arbitration, mediation, conciliation, and hybrid processes”. With this intent, this article explores the concept of alternative dispute resolution processes in general and arbitration and mediation in particular. Rendering qualitative methods, this article critically describes the difference between arbitration and mediation and spent ink to point out the in-depth criticism of the processes and to predict the future of techniques of alternative dispute resolution.

The Future of International Arbitration in the Age of Artificial Intelligence

This article postulates that there will be two stages for the implementation ofArtificial Intelligence (AI). In the short term, the first stage will lead to a complementary relationship between predictive machines and humans. After the cost of prediction decreases, new players come to the arbitration arena and the flow of capital to finance AI’s use in international arbitration is widely available, we will see the second stage’s outset where predictive machines will assist in more sophisticated tasks. AI may assist counsel in crafting arguments, and arbitrators in comparing evidence submitted, and finding conflicting fact patterns in the evidence. AI may even decide some aspects of a case. This requires a new division of labour. Lawyers will have to adapt and learn to delegate to such machines while being aware of their limitations. In response, new arbitration specialties will inevitably emerge. However, flesh-and-blood arbitrators will not be eliminated. While predictive machines may be able to decide certain aspects of arbitrations quickly and at a lower cost, the amount of data, the lack of repetitive patterns, inconsistencies, and parties’ agreement that the award shall remain confidential and state the reasons upon which it is based may hinder their capabilities. The current legal framework seems to require drastic changes to make way for AI. artificial intelligence, machine learning, international arbitration, expert systems, rule systems, the future of arbitration, division of work, intelligence

A Critical Analysis of Arbitration as an Instrument for Resolving Commercial Dispute in Nigeria

This paper is a critical analysis of arbitration as an instrument for resolving commercial dispute in Nigeria. The Nigerian courts considering the precarious situation finds itself in the dispensation of justice moreso in the resolution of commercial disputes. The works examine the concept of arbitration, overview of alternatives dispute resolutions (ADR), the legal and institutional framework for the regulation of arbitration in Nigeria, types of arbitration among others. The work underscored the prospects and future of arbitration in the areas of party autonomy, third party funding, and online arbitration, the availability of injunctions and interim reliefs within the framework of arbitration and the upsurge of arbitral institutions. The paper recommends that for arbitration to be properly harnessed and enhanced all hands must be on deck – the parties, the courts, counsel all have a role to play.

The Future of Arbitration: A Poet’s Prophecy

The Future of Arbitration: A Poet’s Prophecy

ICSID’s Relevance for Africa: A Symbiotic Bond Beyond Time

Abstract Africa's human, natural and legal diversity and wealth have always positioned the Continent as a desired investment destination. Historically, Africa contributed in shaping the ISDS system, and since the turn of the 21st Century, the Continent is witnessing considerable economic growth and is attracting many investors from around the world and especially China, which strengthens Africa's integration in the global economy. The past decade has also witnessed an increase in the number of BITs signed by African States, as well as in the number of investment legislations enacted and modernized. This article addresses the increase of investment in the African Continent, the new Belt and Road Initiative (BRI) and its potential for investments in the African Continent, sheds light on the status quo of the African arbitration landscape, provides an overview of the ICSID-Africa symbiotic relationship, emphasizes the uniqueness of the ICSID system in offering adequate dispute resolution schemes for investment disputes involving African parties and concludes by offering some concluding remarks and observations on the future of arbitration on the African Continent.

The future of Arbitration

Considering that the proper purpose of private alternative scheme of mediation and arbitration is to satisfy the needs of the parties, Derek Roebuck (Senior Associate Research Fellow, Institute of Advanced Legal Studies) outlines the aims and practice of mediation and arbitration in the reign of Elizabeth I (1558-1603) suggesting possible lessons from the 16th Century for a contemporary scheme. The author has developed this brief paper from a contribution to the debate at the London School of Economics on 13 February 2014 at the launch of Jan Paulsson’s The Idea of Arbitration (Oxford University Press, 2013).

Dimensions of Online Arbitration in India

The rapid expansion of commercial transactions and globalization has given rise to spiraling growth in arbitration at the national as well as international stages. Arbitration is one of the modern techniques of alternative dispute resolution (ADR) that has gained a lot of prominence due to the freedom it offers to the disputants. Online Arbitration is a mixture of conventional Arbitration under Arbitration & Conciliation Act 1996, combined with technological features requiring application of Information Technology Act 2000. This paper looks at the dimensions of online arbitration in India along with the difficulties, advantages and legal complexities that this form of dispute resolution entails. The future of arbitration is online arbitration if India wants to cut down on its ever increasing backlog of cases and this form of ADR would allow quick settlements to international as well as domestic business entities.

West Tankers as a Trojan Horse with Respect to the Autonomy of Arbitration Proceedings and the New York Convention 1958

The ECJ West Tankers judgment has been the subject to turbulent discussions. The decision follows the line of argumentation expressed in the previous “arbitration” ECJ decisions (namely in the Turner case) in terms of the exclusion of arbitration from the scope of the Brussels I Regulation and the consequences on the practice of arbitration in the UK of the doctrine of incompatibility of anti-suit injunctions. The author believes that it is ill-conceived and inappropriate to determine the scope of application of the Regulation based upon the subject matter of the dispute (as in the Marc Rich case or the Van Uden case). In West Tankers, it was held that the subject matter of the dispute was the compensation for the damage caused by unlawful acts, which fell within the scope of the Regulation, and that the existence and application of the arbitration clause was merely a procedural objection, to be addressed by the court when reviewing its own jurisdiction. The argument appears unconvincing. Even though one can agree with the application of the New York Convention and its interrelation with the Regulation, as presented e.g. by the Advocate General in the opinion on West Tankers, reference was not made to an ‘exemption’ from the scope of the Regulation for arbitration proceedings merely because of the New York Convention. In no way may Article 1(2)(d) of the Regulation be understood as an exemption. It is merely the negative part of the definition of the scope of the Regulation. Using the term exemption means that the Regulation has usurped the authority to interfere with practically all spheres of jurisdictional authority of the individual member states, leading to a denial of their sovereignty. Such an approach denies the very principle of arbitration, which is based on the freedom of contract and on the legis arbitri. The concept endorsed by the ECJ in West Tankers may indeed give a foretaste of the future of arbitration in the EU. The West Tankers judgment is relevant not only for the institution of anti-suit injunctions. Its significance is substantially broader and highly alarming, since it is nothing less but an implied (though in no way concealed) move to apply all Community principles to arbitration and to subject arbitration proceedings (more or less completely) to Community law.

East Meets West: Tradition, Globalization and the Future of Arbitration

THE TOPIC that the organizers have chosen for this paper is not at all surprising. East does meet West in Sydney, since geographically Australia is East but its people – most Australians – culturally and by tradition look West. In the world of arbitration, however, East did not meet West, not for a long time. For many years, the rules and practices of international arbitration were looked upon as being solely for the protection of businesses of the Western industrial world, which led to a chasm of distrust in the developing and underdeveloped world. When public corporations from the Third World were unsuccessful in disputing claims of large multinational corporations, they always expressed their disappointment with the system, not with the merit or demerit of the cases that were lost. In fact, in 1963, after the kingdom of Saudi Arabia lost a famous international arbitration case1 (wrongly, it was asserted), a ministerial decree2 was promptly issued by the Saudi Government prohibiting all public corporations in the state from submitting either to a foreign law, or to the jurisdiction of foreign courts or even to foreign arbitration. But distrust of international arbitration was not confined only to losers. In Egypt and North Africa, mistrust of international arbitration had deep roots3 and continued to cause misgivings. In a memoir presented at a Conference of Sovereigns and Heads of State of OPEC countries, as late as 1975, it was recorded that ‘Western arbitrators’, because they belonged to a certain hemisphere and social system, had a conception of law that was a reflection of their own system. ‘They have a tendency’, the memoir went on, ‘to consider that the arguments of the Third-World client are devoid of any legal basis, and hold them to be ineffective once they fail to correspond …

The Eco-Swiss Case and International Arbitration

THE LANDMARK case of Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc. ,1 raised and decided, at least as a matter of the law of the United States, the question of the arbitrability of antitrust claims. In the judgment of the European Court of Justice in the Eco Swiss case, appropriately named, one can hear an echo of Mitsubishi : ‘Anticompetitive conduct is subject to arbitration’. This article does not attempt to present any detailed analysis of the proceedings in the European Court of Justice or in the Dutch courts where the arbitral award was challenged. These matters are ably discussed by Professor Allan Philip in the paper referred to below.2 The purpose of this article is rather to discuss the lessons that are found in the Eco Swiss judgment and the Mitsubishi case for the conduct of international commercial arbitrations in respect to which anticompetitive or antitrust laws are implicated. Mitsubishi Motors v. Soler Chrysler-Plymouth, Inc. , was decided in 1985 by a five to three vote of the Justices of the Supreme Court. In 1986 the Brooklyn Law School held a Symposium on ‘The Future of Private International Arbitration: Beyond Mitsubishi Motors v. Soler Chrysler-Plymouth, Inc.’ (hereinafter ‘The Future of Private International Arbitration’). At that Symposium, I presented a discussion ‘From Vynior Case to Mitsubishi: The Future of Arbitration and Public Law’.3 The decision of the Supreme Court was a watershed in international commercial arbitration. For the first time, our highest court conferred upon a private system of dispute resolution — international commercial arbitration — not only the power but the duty to adjudicate civil antitrust disputes. In my presentation to the Brooklyn Law School Symposium, I summarized the Court's decision: > The Court rebutted the argument that the public interest involved in the private enforcement of …