AI in Arbitration: Advancing Justice

In 2019, Nick Bostrom, author and philosopher, described machine intelligence as “the last invention humanity will ever need to make.” Six years later, we are witnessing revolutionary change and world-shaping inventions. There is no going back in terms of our society's use of artificial intelligence, it is most definitely here to stay. People are most likely not realizing the type of effect this will have in the legal industry, and there are more connections than one may think. Many law firms currently use AI to aid in researching, summarizing, analyzing, and more. But what happens when you use a contrivance tool without a guarantee of legitimacy? This issue has accumulated over the past several years, resulting in extremely forceful reactions, and the backlash is relevant.

The intersection of law and artificial intelligence isn’t just a technical meeting point, it’s a collision of two powerful systems that shape human behavior differently. Law, a timeless practice based on the systems of morals and ethics and rooted in human judgment. Artificial intelligence, a modern, rapidly changing, and ever-evolving entity that has seeped into every corner of every industry. Based on both elements and their power, it’s no wonder that their collaboration has faced severe reactions. In 2022, Ohio citizen Adarus Black was charged with murder, primarily based on evidence from an AI tool, Cybercheck. A web-based forensic data recovery tool, Cybercheck certified that Black was at the crime scene by tracking his phone and guaranteed over 90% accuracy.  Black’s defense attorneys argued that the AI tool was unreliable; however, Black was sentenced to life in prison. Furthermore, investigations into Cybercheck revealed dire issues with reliability, inconsistencies in the algorithm, and underqualified inventors. Cybercheck is now under investigation for potentially providing false information in court. 

Another attempt to weaponize artificial intelligence in the courtroom was a case unlike any other. Last month, 74-year-old New York entrepreneur Jerome Dewald was representing himself in an employment dispute. Dewald presented his oral argument via a pre-recorded video featuring an AI-generated avatar named "Jim". The proceedings were halted due to the court’s lack of prior knowledge. 

Our generation is experiencing changes in the courtroom unlike any other generation has witnessed before. People are constantly inventing, programming, and creating the next bomb to drop in court and shock everyone. The intersection of law and artificial intelligence presents a landscape filled with both promise and peril, raising urgent legal and ethical questions. Legally, one of the most pressing issues is accountability. When an AI system makes an error, it is unclear who should be charged with the mistake: the inventor, the user, or the institution. Cases affected by AI misuse are often momentarily paralyzed by what type of actions should be taken and upon whom. They are then overlooked and are never picked back up again, leading to no repercussions. Ethically, AI raises questions about bias, transparency, and the role of human judgment. Because AI models are trained on historical data, they often amplify societal biases. This can lead to discrimination in areas such as law. The lack of transparency in how AI systems reach conclusions also poses a major problem, especially when those systems are used in legal decisions that affect people’s lives and freedoms.

The future of the intersection between law and artificial intelligence is poised to reshape both the legal profession and the broader justice system. One of the most significant shifts will be the widespread adoption of AI as a legal assistant. Contrary to beliefs that AI will replace lawyers, AI will serve as a tool to aid and assist rather than take their places. This will allow legal professionals to focus more on strategy, advocacy, and human judgment while also increasing efficiency and lowering costs for clients. The legal team of the future will likely include AI tools as standard components, much like paralegals or clerks are today. Courts are also beginning to use AI for decision support, such as assessing the risk of reoffending, recommending sentencing guidelines, or helping manage case backlogs. While these tools offer potential improvements in consistency and speed, their use raises concerns about transparency and fairness. 

The legal profession itself will undergo a cultural transformation. Future lawyers and judges will be expected to understand the basics of AI, its capabilities, risks, and legal implications. Law schools will integrate AI ethics, algorithmic accountability, and digital law into their core curricula. Many benefits have been created, and more will come out of this, and as long as this intersection is monitored, recorded, and undergoing constant updates, the future of law holds infinite potential. There will be an inevitable change, and it will happen rapidly, but this collaboration between law and AI doesn’t have to be perceived as a dystopian downgrade. Positive results are being demonstrated, and with the predicted advancements to come in the future, AI is serving as a tool for good.