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Law and software analysis: A step closer to resolving investment disputes through artificial intelligence?

Authors :
Milena Galetin
Anica Milovanović
Source :
Pravo i privreda. 59:123-140
Publication Year :
2021
Publisher :
Association of Business Lawyers of Serbia, 2021.

Abstract

Considering the possibility of using artificial intelligence in resolving legal disputes is becoming increasingly popular. The authors examine whether soft ware analysis can be applied to resolve a specific issue in investment disputes - to determine the applicable law to the substance of the dispute and highlight the application of artificial intelligence in the area of law, especially in predicting the outcome of a dispute. The starting point is a sample of 50 arbitral awards and the results of previously conducted research. It has been confirmed that soft ware analysis can be useful in decision-making processes, but not to the extent that arbitrators could exclusively rely on it. On the other hand, the development of an algorithm that would predict applicable law for different legal issues required a much larger sample. We also believe that the existence of different legal and factual circumstances in each case, as well as the personality of the arbitrator and arbitral/judicial discretion are limitations of the application of artificial intelligence in this area.

Details

ISSN :
26835592 and 03543501
Volume :
59
Database :
OpenAIRE
Journal :
Pravo i privreda
Accession number :
edsair.doi...........beeb197b47970560aee0c8f4d041f80c
Full Text :
https://doi.org/10.5937/pip2102123g