Challenges of Using Artificial Intelligence in Judicial Decision‑Making: The Case of Recognition and Enforcement of Foreign Judgements and Arbitral Awards

Abstract

The author explores the use of artificial intelligence in the judicial system. The paper describes ways in which artificial intelligence can be used both for judicial decision‑making and for performing other, more technical tasks. The author examines foreign experience and Russian domestic discourse. The paper focuses on the advantages and disadvantages of using artificial intelligence for judicial decision‑making. In particular, a number of potential problems of such use are identified when making decisions on the recognition and enforcement of foreign court and arbitral awards. According to the author, the problems under discussion arise from the inability of artificial intelligence to properly process value judgments, for example, with such a legal category as public order. Moreover, modern practice is complicated by sanctions pressure, which only adds to the difficulty of considering cases on the recognition and enforcement of decisions of foreign courts and arbitrations. In particular, new concepts are emerging, such as persons from unfriendly states, a new public order, etc. At the same time, established institutions (for example, the principle of reciprocity) in modern realities can be applied by courts differently, which, in our opinion, is also inaccessible to full understanding by artificial intelligence.