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VI. EPILOGUE – POLICY, PESSIMISM, PRUDENCE AND

PROGNOSTICATION

Progressing further on the research and implementation of AI in international
dispute resolution, what might we need to consider? Is AI something that is bound to
go out of control and rule over us or is it something that is within our control?

Policy: Commentators have observed that error and bias risk in algorithms and
AI will continue as long as ‘artificial agents’ play increasingly prominent roles in our

lives and remain unregulated, therefore, the appropriate response could be: (i) avoiding
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algorithm completely (ii) making underlying algorithms transparent, or (iii) auditing
the output of algorithms. Given that the use of AI in judicial decision making is already

with us and will continue to intensify, we need to embrace it but at the same time
formulate the appropriate policies for its use. Fundamentally, the parties must agree to

the use of AI tools in their arbitration and if so, which specific applications. The arbitral
tribunal would also be expected to disclose to the parties the methodology for the use
and application of the AI tools so as the parties can appropriately respond with their

concerns or objections at the earliest available opportunities before the final arbitral
award is rendered, rendering it a fait accompli. On a broader scale, the industry

must have some say as to the transparency of the algorithms to be used; they need
to be open to scrutiny not only to assure users that the algorithms are impartial and
neutral according to the standards typically expected of arbitrators but also ‘competent’

for its intended use. Although science fictions have mostly entertained us, it might have
also taught us through its storyline that most of the failures associated with AI are
attributed to flaws and opacity in its inner workings.

Pessimism: Whilst many of us may be concerned about AI taking over judges
and arbitrators given that the growth of technology is unstoppable, fate is in our hands,

as we are the ‘Master’ of our future technological destiny. We are in the position

38 Osonde Osoba, ‘An Intelligence in Our Image: The Risks of Bias and Errors in Artificial Intelligence’
(n 10) 25.

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