Artificial Intelligence resolving civil disputes: the road to digital proceedings or the loss of fair justness?

Authors
  • A.M. Berman

    Alisa M. Berman. Peoples' Friendship University of Russia. Moscow. Russia

  • Nikita A. Ershov

    Nikita A. Ershov, Peoples' Friendship University of Russia. Moscow. Russia

Abstract

Abstract. The subject of this research is the experience of Russian, foreign and international use of artificial intelligence while considering and resolving disputes among individuals and legal entities. The relevance of the research is increasing from year to year. The Chairman of the Supreme Court of the Russian Federation has indicated the prospects of using artificial intelligence for automated adjudication of court orders in line with the improvement of court proceedings, including, in particular, the recovery of credit debts from natural persons. The goal of the research is to investigate the practice of applying artificial intelligence as an arbitrator in various categories of disputes in Russia and abroad. For this purpose, the authors studied and summarized the experience of Russia and foreign countries that are advanced in using digital technologies in civil litigation. The authors identified examples of positive and negative experiences as well as consequences of im-
plementing digital technologies in civil proceedings. Since the phenomenon of court proceeding digitalization is interdisciplinary (it stands at the junction of law and technology), the authors used the full range of methods, including general scientific (systemic, functional, logical, comparative and other scientific research methods) and specific legal ways and methods. The result of the research is identifying the effectiveness of applying digital technologies in the process of adjudication in Russia and abroad. Based on this scientific and analytical re-
view, the authors conclude that the process under consideration may have a positive impact on the administration of justice, but only being subject to the careful observance of certain principles and rules. In addition, the authors put forward suggestions about reforms in the relevant legal regulation required for the proper integration of artificial intelligence into the judicial process.
Keywords: artificial intelligence, computer, justice, litigation, digitalization