The book deals with digital technology which is transforming the landscape of dispute resolution. It illustrates the application of AI in the legal field and shows the future prospect of robo-justice for an AAI society in the advanced artificial intelligence era. In other words, the present justice system and the influence of current AI upon courts and arbitration are investigated. The transforming role of AI on all legal fields is examined thoroughly by giving answers concerning AI legal personality and liability. The analysis shows that digital technology is generating an ever-growing number of disputes and at the same time is challenging the effectiveness and reach of traditional dispute resolution avenues. To that extent, the book presents in tandem the impact of AI upon courts and arbitration, and reveals the role of AAI in generating a new robo-justice system.
Finally, the end of the perplexing relation of courts and arbitration is evidenced methodically and comprehensively.
Author(s): Georgios I. Zekos
Publisher: Springer
Year: 2022
Language: English
Pages: 428
City: Cham
Preface
Contents
Chapter 1: Introduction
References
Part I: Present Regulation of Courts and Arbitration and Their Paradox
Chapter 2: The Legal Basis of Courts and Arbitration
2.1 The Emergence of Arbitration as a Dispute Mechanism
2.2 The Legal Basis
2.3 Justice and Arbitration
References
Chapter 3: Constitution, Courts and Arbitration
3.1 Introduction
3.2 Constitutions´ Background and Arbitration
References
Chapter 4: Judges and Arbitrators as Law Makers
4.1 Introduction
4.2 Judges and Arbitrators
4.3 Stare Decisis and Law Making
4.4 Courts of Appeal and Arbitral Appeal Mechanism
References
Chapter 5: Courts´ Engagement in Arbitration Under US, English, Belgian and Greek Law
5.1 Introduction
5.2 Arbitrability in US, English, Belgian and Greek Law
5.3 The Arbitration Agreement
5.4 Initiating the Arbitration and Stay of Proceedings
5.5 Jurisdiction
5.6 Applicable Law
5.7 Arbitrators
5.8 The Arbitration Procedure
5.9 Award and Review of Awards by Courts
5.10 Recognition and Enforcement of Awards
5.11 Conclusion
References
Chapter 6: AAI National Authority Management Arbitration
6.1 Arbitration Co-Equal to Courts
6.2 Transforming National Authority Management Arbitration (NAMA) & E-NAMA into AAI NAMA
References
Part II: Courts and Arbitration in the Artificial Intelligence and Advanced AI Era
Chapter 7: From AI Towards Advanced AI
7.1 AI Developments
7.2 AI and Governance
7.3 Blockchain Advancement
7.4 AI Law Developments
7.5 Legal Personality of AI
7.6 Algorithmic Risk
7.7 AI and Corporate Law
7.8 AI and IPRs
7.9 AI as an Expert in Solving Disputes
7.10 AI and Crime
7.11 Current AI Applications
References
Chapter 8: From ADR to ODR
8.1 Legal Background of Courts Versus Arbitration
8.2 Arbitrators and Arbitral Process
8.3 Judges and Arbitrators
8.4 ADR Development & the Rule of Law
8.5 ODR Systems
References
Chapter 9: Courts and Arbitration Advancements
9.1 Developments on the Judicial Power
9.2 From ODR to AI Systems
9.3 Online Arbitration
9.4 Arbitral Courts Versus NAMA Arbitration
9.5 Cyber-Courts
9.6 Smart Contracts and Arbitration
References
Chapter 10: AI in Arbitration and Courts
10.1 Justice in Globalization
10.2 Litigation and Arbitration Developments
10.3 AI in Arbitration
10.4 Regulating AI Arbitration
10.5 Regulating AI Apparatuses
References
Chapter 11: Robo-Justice
11.1 Technology and AI
11.2 The Emerging Digital Society
11.3 From AI Legal Tech to AAI Legal Tech and Litigation
11.4 From Global Law to AAI Law
11.5 The Qualities That AAI Brings Forwards in Courts and Arbitration
11.6 Current Involvement of AI Systems in Law-Making
11.7 Robo-Justice
11.8 AAI Robo-Justice by National Artificial Intelligence Justice Management Authority (NAIJMA)
References
Chapter 12: Conclusions
References
