Artificial Intelligence for Construction Dispute Resolution: Justice of the Future

摘要

The industrial practices have witnessed immense growth in the application of Artificial Intelligence (AI) in the field of construction. More precisely, AI applications are becoming more mundane in democratizing dispute resolution processes in construction as AI becomes prominent in its functions. Regardless of its ground-breaking contributions -for example, making the decision-making process faster, cheaper, and more predictable -this technology has significant legal implications. This research is divided into two parts: Part 1 and Part 2. The objective of Part 1 is to outline the contribution of AI in automating the court processes and supporting the adjudicative role of human judge. Then the discussion proceeds to highlight the adoption of AI in the construction industry particularly its prospects for Online Construction Dispute Resolution (ODR). The automation brought about by AI systems challenges us to reconsider fundamental questions of adjudication. Judicial decision-making is a challenging area of complexity, requiring highly advanced legal knowledge as well as cognitive and emotional abilities. Therefore, Part 2 examines the technology of AI in relation to the rule of law. It investigates the extent to which the rule of law is being susceptible as AI is becoming entrenched within society. This part of the research explores the importance of legal metaphor and analogy in reasoning with new technologies, thereafter, describing the legitimate expectations. This depiction of jurisprudential development is evaluated by assessing the role of metaphor used in 42 Malaysian case law embodying the phrase 'robot' as the equal of AI in the real world. Finally, Part 2 ensues on discussing the legal authority of AI judge to deliberate on judicial decisions. This research indicates that the turn towards AI adjudication will certainly foster the development of digitalized dispute resolution by offering efficiency and at least a glance of impartiality. However, drawing the boundaries of acceptable Judge AI requires consideration of legal and jurisprudential questions, as well as issues concerning the development of algorithm and the extent to which discretion and oversight can be preserved within the adjudication process.