인공지능(AI)이 중재에 미치는 영향에 대한 법제도적 연구

초록

Alongside technological advancements in artificial intelligence (AI) designed to assist arbitration proceedings, it is necessary to establish institutional mechanisms to support these developments. While AI can enhance the efficiency of arbitration proceedings by automating the review of large volumes of documents, data analysis and translation, it may also raise concerns regarding confidentiality, the right to defence of the parties involved, and the independence and impartiality of arbitrators. Therefore, institutional mechanisms must be put in place to regulate its use. Notably, the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 (hereafter referred to as the 'New York Convention') and the UNCITRAL Model Law on International Commercial Arbitration do not explicitly limit the qualification of arbitrators to natural persons. This raises the question of whether entities other than humans can serve as arbitrators. Based on this analysis, we will first examine the key provisions of the European Union’s Artificial Intelligence Act, the “Framework Act on the Development of Artificial Intelligence and the Creation of a Foundation for Trust” (commonly referred to as the “AI Framework Act”) in Korea, and Japan’s “Act on the Promotion of Research, Development, and Utilization of Artificial Intelligence-Related Technologies” to determine whether the AI Framework Act could have an impact on arbitration. Next, this paper examines how major international arbitration institutions regulate the impact of artificial intelligence on arbitration and analyze the implications it will have for the Korea Commercial Arbitration Board, arbitrators, their representatives, and other participants in arbitration proceedings. Finally, based on this analysis, this Article will propose institutional measures that should be established in future.

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