Artificial Intelligence and Legal Decision-Making: The Wide Open?

Development summary

Maxi Scherer’s article, published in the Journal of International Arbitration, examines the use of artificial intelligence in arbitral or judicial decision-making, including its technical aspects, practical limitations, and methodological and theoretical implications. It critiques the methods and assumptions underlying outcome-prediction studies, notes that uncritical reliance on algorithmic objectivity and infallibility may perpetuate existing biases, and identifies the need for reasoned decisions as a significant barrier to AI-based legal decision-making.