AI Issues in International Disputes Are Here To Stay
The use of AI, and the data collection and analysis on which it frequently relies, may give rise to commercial disputes or even disputes under international law subject to international arbitration. This article discusses several examples in which AI technology can play a central role.
March 12, 2021 at 02:30 PM
8 minute read
Artificial intelligence (AI) technology, put simply, uses computers to perform "intelligent" analytical tasks. AI encompasses concepts such as machine learning, the use and adjustment of an algorithm to achieve a specific task by comparing actual results against a set of provided solutions; deep learning, a type of machine learning where layers of algorithms interact to autonomously develop and adjust solutions by analyzing large sets of data similar to how a human brain would; and natural language processing, how computers process human language text and speech data. But AI also sometimes refers broadly to any automated process.
Still in its infancy, AI has already transformed fields as varied as e-commerce, regulation, and human rights. The authors posit that, as the role of AI grows in commerce and government, an understanding of AI is equally crucial when arbitrating disputes. Although the legal practice has historically not been at the forefront of technological advancement, practitioners of international arbitration cannot afford to ignore AI because a functional knowledge thereof is increasingly necessary for practitioners to understand the novel issues their clients already face today.
The adoption of AI technologies across the public and private sectors raises new challenges about individual and collective rights and freedoms. The use of AI, and the data collection and analysis on which it frequently relies, may give rise to commercial disputes or even disputes under international law subject to international arbitration. This article discusses several examples in which AI technology can play a central role.
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