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are ‘truthful people’ according to his experience thus he would accept the evidence of
the Norwegian master of one of the vessel. The arbitrator formed the opinion based on

his perverted views and this had influenced his mindset. However human can learn from
mistakes and be corrected so that in future, a different decision would be taken because

of our cognitive abilities. It is like how our brain and sensory taught us that touching
a hot kettle will burn our fingers thus we instinctively stay away from not only a kettle
but a naked flame or hot surface. Algorithms are a set of command that once executed,

the process will take its course; they go by the ‘book’ so to speak. Similar to making
a computerised trade execution, once the command is given it is no longer possible to

halt or influence the command. Therefore the integrity of the algorithm we rely on is
important, for a defect can lead to undesirable consequences and worst still, corrupted
outcomes.

The human mind continuously thinks and learn as such, judges and arbitrators
may make present decisions that are different from the past or in the future because our

cognitive abilities allow us to consider new developments or changes to our environment.
The Greek philosopher Socrates was said to have described the four attributes of a good
judge being, ‘To hear courteously; to answer wisely; to consider soberly, and to decide

impartially,’ not attributes that can be attached to AI. To what extent can ‘robot
arbitrators’ think and reason, to produce sound, well-reasoned arbitration awards?

According to American anthropologist, Dawn Prince-Hughes, personhood is defined
as ‘self-awareness; comprehension of past, present, and future; the ability to understand
complex rules and their consequences on emotional levels; the ability to choose to risk

those consequences, a capacity for empathy, and the ability to think abstractly.’
22
In arbitration, the principle of ‘costs follows the event’ will be applicable meaning costs

will typically be awarded to the successful party but this is at the discretion of the arbitral
tribunal, taking into consideration the conduct of the successful party in the proceedings.
Discretion is not easy to interpret or define, can it be successfully reduced to

an algorithm?

22 Dawn Prince-Hughes, Songs of the Gorilla Nation my journey through autism (Harmony Books,
2004) 206

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