Artificial Intelligence and algorithms are increasingly able to replace human workers in cognitively sophisticated tasks, including ones related to justice. Many governments and international organizations are discussing policies related to the application of algorithmic judges in courts. In this paper, we investigate the public perceptions of algorithmic judges. Across two experiments (N = 1,822), and an internal meta-analysis (N = 3,039), our results show that even though court users acknowledge several advantages of algorithms (i.e., cost and speed), they trust human judges more and have greater intentions to go to the court when a human (vs. an algorithmic) judge adjudicates. Additionally, we demonstrate that the extent that individuals trust algorithmic and human judges depends on the nature of the case: trust for algorithmic judges is especially low when legal cases involve emotional complexities (vs. technically complex or uncomplicated cases).
One of the pillars of international commercial litigation is party autonomy as it has developed over the past fifty years. In Europe, the Brussels regime established considerable freedom for parties to select the court that would have jurisdiction. The enforceability of choice of court agreements has gained ground in many countries worldwide, and the freedom to select the competent forum is exercised widely in commercial practice. Early in 2015, the new Brussels I-bis Regulation became applicable, altering the rules on choice of court. These amendments, particularly the exception to the lis pendens rule, aim at increasing the efficiency of choice of court agreements and at preventing torpedo litigation tactics. This year also marks the entry into force of the Hague Choice of Court Convention that had been adopted ten years earlier. The present paper explores the concept and development of the party autonomy paradigm from the perspective of different disciplines, and discusses the empirical evidence available on the use of party autonomy in commercial practice. It also examines the main changes brought about by the Brussels I recast and the entry into force of the Hague Choice of Court Convention, and analyses these against the background of the party autonomy paradigm, as well as their contribution to effective litigation.
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