Page 88 - วารสารกฎหมาย ศาลอุทธรณ์คดีชํานัญพิเศษ

วารสารกฎหมาย ศาลอุทธรณ์คดีชำานัญพิเศษ

historical data, market trend and trade forecasts.

The growth of international dispute resolution and arbitration have also resulted
in spurring the growth of other ancillary industries including information technology

development. In aiding the courts, arbitrators and counsels are myriads of technological
tools for ‘e-Discovery’, data mining and forensic investigations. Arbitration third party
funders may have also used financial modelling software to generate their underwriting

reports. Going back to technology in aiding decision making, whatever the extent of
the use of AI in arbitration, it should provide the fundamental assurance to its users that

it will not interfere in the decision making and violate the integrity of the dispute
resolution process while automating it. Otherwise, all the written laws by men seeking
to prevent unlawful interference in arbitration or adjudicatory process will come to

nought if technology can mischievously alter the course of justice through surreptitious
means, breaching the trust men have put in it.

II. OVERVIEW OF TECHNOLOGY, AUTOMATION

AND SCIENCE IN DISPUTE RESOLUTION

We are constantly in search of tools for the betterment of our work quality and

life. There is nothing evil about modernisation or innovation. For instance, we could
still be carrying 8-kilogramme typewriters with us on business trips instead of computer
laptops should there be no technological advancement. We need and rely on electronic

tools that have changed the way we work today, for example, the evolution from snail
to electronic mails, and carbon paper to word processor programs as well as printers.

There are now many legal support software and applications out there in the market
ranging from information retrieval, data extraction applications to cloud storage and
those capable of performing intelligent data sorting tasks. With the usage of the internet

becoming common today, information can be shared live, transcending boundaries for
collaborative data sharing between counsels and clients located in different geographical

locations. In the context of international dispute resolution and arbitration, technology
can play an important role in aiding its processes. In complex disputes, the parties do

86