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as a constraint.’ It is also quite rightfully argued that ‘technologies should never
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dehumanize justice’ and according to a commentator, whilst the use of computer
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software in ‘predictive justice’ can be ‘[E]xcellent tools for decision-making whether
judicial or amicable, but they shouldn’t divert us from our common objectives: quality,
human and individualized justice.’ The ‘judicialization’ of arbitration also means that
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trends or practices adopted in judicial decision-making in the courts would eventually
trickle down to arbitration. Hence, it is hoped that a sensible approach to the adoption
of AI in the juridical context is taken rather than to spur the industry into a rat race to
develop advanced AI without considering the ramifications.
Prognostication: Britain’s pre-eminent scientist, the late Professor Stephen
Hawking once said, ‘The development of full artificial intelligence could spell the end
of the human race.’ Meanwhile, historian Professor Yuval Noah Harari wrote that
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whilst humans have two types of abilities that is ‘physical’ and ‘cognitive’, AI is now
beginning to outperform humans:
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Good drivers, bankers and lawyers don’t have magical intuition about traffic,
investment or negotiation – rather, by recognizing recurrent patterns, they spot
and try to avoid careless pedestrians, inept borrowers and dishonest crooks.
It also turned out that the biochemical algorithms of the human brain are far
from perfect. They rely on heuristics, shortcuts and outdated circuits adapted
to the African savannah rather than the urban jungle. No wonder that even good
drivers, bankers and lawyers sometimes make stupid mistakes.
42 ‘Predictive Justice: When Algorithms Pervade the Law’ (Paris Innovation Review, 9 June 2017) <http://
parisinnovationreview.com/articles-en/predictive-justice-when-algorithms-pervade-the-law> accessed March 23,
2021
43 ibid
44 ibid
45 Rory Cellan-Jones, ‘Stephen Hawking warns artificial intelligence could end mankind’ BBC News
(London, 2 December 2014) <https://www.bbc.com/news/technology-30290540> accessed 1 April 2021
46 Yuval Noah Harari, 21 Lessons for the 21 Century (Vintage, 2018) 30-31
st
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