Arbitral awards made by artificial intelligence:the upsurge,legal validity and legal response
Arbitral awards made by artificial intelligence are the latest development in the field of arbitration law.The characteristics of efficiency,economy and fairness make arbitral awards made by artificial intelli-gence desirable,and the paradigm transformation of artificial intelligence from"rule-driven"to"data-driven"provides technical feasibility.From the perspective of contract law,the enforcement of arbitral awards made by artificial intelligence is actually the contractual obligations of the parties to the arbitration under the arbi-tration agreement.In terms of the validity of the contract,the artificial intelligence arbitration agreement shall be valid except that the artificial intelligence algorithm specified in the agreement is discriminatory,which is contrary to procedural public order and good morals.From the perspective of arbitration law,arbitral awards made by artificial intelligence are still arbitral awards in the sense of the Arbitration Law of the People's Republic of China.In terms of the validity of the awards,arbitral awards made by artificial intelligence can only be revoked or not implemented because the algorithm discrimination problem is found.China's existing arbitration law takes arbitral awards made by human as the basic presupposition and should be updated to respond to the challenge of arbitral awards made by artificial intelligence.As the basic guideline,the Arbitration Law of the People's Republic of China should focus on the special challenges of artificial intelligence algo-rithms,including algorithm discrimination,algorithm black box and unreasonable awards,while balancing"justice and efficiency","autonomy and intervention"and"openness and prudence".As the specific norms,the Arbitration Law of the People's Republic of China should establish an algorithm review system,give the parties to the arbitration the right to interpret the algorithm,and expand the legal reasons for revocation and non-enforcement of the arbitral awards.
commercial arbitrationartificial intelligencedue process
万方数据
维普
