The Legal Regulation of the AI Arbitrator and Procedural Justice Guarantees

Abstract

This study examines the legal framework for automated arbitration in light of the rapid developments in AI technologies, with a focus on the legislative gap in national laws, particularly Iraqi law, towards regulating this type of arbitration. The study examines the possibility of formulating a normative legal framework based on international soft rules such as the European Artificial Intelligence Act, the Silicon Valley Guidelines, and the UNCITRAL Principles.

The study concludes that current national regulations do not explicitly regulate AI-based arbitration, which makes the application of procedural fairness safeguards in this context closer to a forward-looking normative framework than to direct practical application. Accordingly, the study proposes a hybrid regulatory model based on the integration of human supervision and smart technologies (Human-in-the-loop) to ensure a balance between technical efficiency and guarantees of justice.