AI-Driven Arbitration In Construction Disputes: Implications Of The AAA-ICDR Model For India

Introduction

The integration of artificial intelligence into dispute resolution marks a significant shift in the evolution of arbitration. The recent introduction of an AI Arbitrator tool by the American Arbitration Association International Centre for Dispute Resolution (hereinafter to be referred as AAA-ICDR) for document only construction disputes represents a notable development in this trajectory. Designed to resolve low-value disputes efficiently, the model leverages AI to analyse submissions and generate draft awards, while retaining human oversight in the final decision-making process. However, the introduction of AI into a decision-making role raises significant jurisprudential and ethical concerns if AI shall be assistive and not determinative with human judges retaining full authority over final decisions, sentencing and matters required normative judgement. Arbitration has traditionally been premised on human judgment, party autonomy, procedural fairness, and reasoned