A new era of maritime arbitration: ex machina determinations

The future uses and impacts of generative AI large language models such as ChatGPT have been the subject of considerable debate. However, the general consensus is that generative AI cannot fully replace human judges - at least not yet.

In a paper titled ‘A New Era of Maritime Arbitration: Ex Machina Determinations’ published by Kluwer Law International in the Journal of International Arbitration, Kevin Chan from our Singapore office explores the benefits, challenges, and developments required to facilitate the use of generative AI as arbitrators in maritime disputes.

The conclusion reached is that generative AI has the potential to achieve the needs of maritime dispute resolution, provided they are developed further and used within a suitable framework in collaboration with humans.

At their present stage of development, determinations by generative AI are most comparable to decisions made by human arbitrators applying ex aequo et bono (i.e. what is believed to be right/good or from equity/conscience without reference to any system of law). Although the concept of ex aequo et bono has been unpopular due to its unpredictability, it remains to be seen how this weighs against the desire for instantaneous reasoned results at modest fees.

Generative AI tribunals may prove to be of value to the maritime industry due to the time-sensitive nature of operations/transactions and where the application of any governing system of national law (albeit a creature of habit) is antithesis to the very international character of most maritime disputes.

The full paper by Kevin Chan, ‘A New Era of Maritime Arbitration: Ex Machina Determinations’, Journal of International Arbitration, Volume 40, Issue 5 (2023) may be downloaded at Kluwer Law Online.

Read other items in Marine Brief - October 2023