Document Type : Research Paper

Authors

• Mohammad amin Esmaeilpour ¹
• fatemeh ghanad ²
• shahab Jafari Nedoushan ³

¹ Phd student in private law in science and culture university, Tehran, Iran.

² Associate professor, Electronic commerce law Department, university of science and culture, Tehran, Iran

³ Assistant professor, Department of private law, Science and Research unit, Islamic Azad University,Tehran. Iran.

Abstract

Traditional methods of resolving commercial disputes by arbitrators, due to the expansion of electronic transactions and a large volume of documents, diminish the speed, accuracy and efficiency of arbitration. Also, dealing with complex issues, arbitrators face many problems in separating documents and documents based on the type, credibility, and estimation of the evidential value of specific evidence, and this can make the process long and costly. The purpose of this article is to investigate the impact of artificial intelligence methods in the process of authenticating arbitration evidence and to answer the question of whether artificial intelligence systems, by using modern methods or algorithms, have an effect on facilitating or speeding up the process of validating the documents of the parties in dispute resolution. Is it enough to rely only on the findings of artificial intelligence in the validation of evidence? This article proceeds with a descriptive-analytical approach and after analyzing the issue, it concludes that artificial intelligence using advanced methods such as unsupervised or supervised machine learning, reinforcement learning and the use of natural language processing in the process of handling and validating evidence in arbitration Artificial intelligence facilitates and accelerates the authentication process through the following steps:

Classification: Classification of documents based on type and nature, for example, which of the presented documents are normal and official.
Ranking: separation of documents based on validity, for example if the evidence of one side is a testimony and the evidence of the other side is a normal document.
Case-by-case review of documents: Case-by-case review of documents based on their probative value is also important. For example, the normal document presented by the parties to resolve the dispute is valid and its value is indicated by a number.

Another application of artificial intelligence systems is the analysis of images and videos that identify changes in content over time and highlight key and important points in identifying the authenticity of files. The use of machine learning and biometric methods, in Determining the identity of the speaker, identifying forgery or manipulation in audio documents, evaluating and interpreting emotions are effective. Since artificial intelligence algorithms will be updated and more advanced over time, they may encounter problems and mistakes in the review and evaluation of some audio documents containing different accents, which is one of the challenges and limitations of this The method is.
It will be difficult to design and build artificial intelligence algorithms to resolve arbitration disputes and to implement it, especially in countries that do not have laws and regulations specific to this new way of proceeding. In this regard, drafting laws and regulations in the field of artificial intelligence and arbitration is of great importance. Considering that laws and regulations are constantly changing and evolving, it is necessary for programmers and designers of artificial intelligence tools to be familiar with laws and regulations and technical disciplines. Because artificial intelligence algorithms must be able to adapt to the daily needs of society. Otherwise, the arbitration and validation of the evidence will not be in accordance with the current and active laws, and this will lead to dissatisfaction and mistrust of the public. On the other hand, the construction of artificial intelligence and long-term programming will require a large budget, and it is essential that the government and private companies do not hesitate to provide any kind of material and spiritual support, because the huge transformation in the handling process using artificial intelligence requires extensive financial support. The implementation of such a plan in countries will ultimately lead to the facilitation and acceleration of the process of handling and will reduce the exorbitant costs of traditional methods, so the benefits of using artificial intelligence in arbitration will be more than traditional methods. The strengthening and development of artificial intelligence algorithms according to the requirements of the time and the daily needs of the international community and the supervision of a human referee according to the challenges ahead are necessary in the process of verification of documents.
One of the novel points of this article is to investigate the role of artificial intelligence methods in the evaluation of documents, which are sometimes ignored in the traditional methods of dispute resolution or judicial process, due to lack of expertise.

Keywords

• artificial intelligence
• evidence validation
• arbitration
• machine learning
• artificial intelligence methods

Main Subjects

• Private Law