AI Implementation in ODR: A Game-Changer or a Troublemaker of Data Protection

Abstract

Artificial intelligence (AI) possesses the capability not only to accelerate the dispute resolution process but also to promote early settlements by improving predictability and reducing risk. However, concerns have emerged regarding the impact of AI on the decision-making process, the transparency and control of arbitral data and algorithms, as well as the possible risks to confidentiality and personal data protection, especially in arbitration process. This article explores the difficulties in achieving a balance between the necessity for efficient AI-powered dispute resolution and the imperative to safeguard personal data and adhere to economics, arbitration law and personal data protection law. The challenge is particularly pronounced in Vietnam, where the legal framework for cybersecurity and personal data protection is still evolving.