Document Type

Article

Publication Date

2023

Abstract

An important debate has emerged concerning the potential application of Artificial Intelligence ("AI") to the arbitration decision-making process. At issue in this debate is the proper role, if any, of AI in rendering binding decisions. Although, to date, AI is not sufficiently developed to replace human arbitrators in making binding decisions, this has not stopped academics, judges, and practitioners from engaging in heated discourse on the topic. Yet, fervent participants on both sides of this debate have confined the parameters of this discussion to arbitration generically, neglecting any application to specific disciplines of law. Insights from these discussions have limited applicability because-even when AI attains the ability to make binding decisions AI-based decision-making may not be equally compatible to all types of disputes. For instance, the marginal utility of using Al based decision-making in arbitration may decline precipitously when the dispute involves complex issues, unique facts, and emotionally-infused conflicts as is typical in trust disputes. To date, there has been no literature discussing the compatibility of AI-based arbitration to any distinct discipline of law. Therefore, the purpose of this Article is to evaluate the role that AI may play in the arbitration of trust disputes by engaging in both a positive and normative analysis of the interplay between AI literature, arbitration law, and trust law. Although AI's assistance to a human arbitrator in trust disputes might be beneficial, the use of AI as an arbitrator might not.

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