Arbitration - Science topic

نعم ارغب

There is no gender bias for being an arbitrator even in Islamic jurisdictions as far as I am aware of. One must quality with the skills required to be an arbitrator and register with local arbitral institutions. Contribute to the profession by volunteering for events, writing articles in the magazines and attending conferences to meet and expand your network. Sooner or later you will get your appointment as an arbitrator.

Arbitrating and mediating generative AI works present a unique set of legal and ethical challenges due to the unprecedented nature of AI-generated content and the evolving legal landscape.

Here are some of the key challenges in this context:

1. Authorship and Ownership:Determining authorship and ownership of AI-generated works can be complex. Traditional copyright frameworks may struggle to attribute ownership to humans when AI algorithms play a significant role in creating the content. This challenge can lead to disputes over who holds the rights to AI-generated works, affecting potential arbitration or mediation outcomes.

2. Attribution and Plagiarism:AI can generate content that closely resembles existing works, raising concerns about plagiarism and originality. In arbitration or mediation, distinguishing between genuine infringement and unintentional AI-generated similarities requires expertise in both AI technology and intellectual property law.

3. Accountability and Liability:Assigning responsibility in cases of AI-generated content that may infringe on copyrights, defame individuals, or violate laws becomes intricate. Deciding whether creators, developers, or users are liable for the content's consequences requires a comprehensive understanding of AI's role in the creative process.

4. Lack of Precedent and Legal Frameworks:The rapidly evolving field of AI lacks established legal precedent and frameworks. Arbitrators and mediators must grapple with the absence of clear guidelines for resolving disputes related to AI-generated works. Crafting decisions that balance technological advancement with established legal norms is challenging.

5. Ethical Considerations:The use of AI in content creation raises ethical questions about transparency, consent, and the potential for manipulation. Addressing the ethical implications of AI-generated content in arbitration or mediation proceedings requires a nuanced understanding of AI's impact on society and culture.

6. Expertise and Resources:Effective arbitration and mediation require professionals well-versed in both AI technology and the relevant legal domains. Finding experts with the necessary interdisciplinary knowledge can be challenging and may impact the quality and accuracy of dispute resolution.

7. Evolving Nature of AI:Generative AI technologies are rapidly advancing, leading to unpredictable changes in the capabilities and behaviors of AI systems. This dynamic nature adds complexity to arbitration or mediation, as outcomes may need to consider future developments in AI that were unforeseeable at the time of the dispute.

8. International and Jurisdictional Challenges:The global nature of the internet and AI-generated content means disputes can involve parties from different jurisdictions. Navigating varying intellectual property laws, data privacy regulations, and cultural norms requires an understanding of international legal complexities.

To address these challenges, arbitrators and mediators need to stay informed about AI advancements, legal precedents, and evolving ethical considerations. Collaborations between legal experts, AI researchers, ethicists, and policymakers are essential for developing frameworks that balance technological innovation, legal principles, and ethical standards. Additionally, proactive efforts to create standardized agreements and guidelines for disputes involving AI-generated works can help streamline resolution processes and promote consistency in outcomes.

In the United States, witness coaching is an inevitable consequence of the adversary process as it is implemented here. ”Practice guides” for trial lawyers recommend witness preparation in civil and criminal cases for all witnesses, especially expert witnesses. Many trial lawyers consider it malpractice not to go to the edge of ethical boundaries (if not beyond) to win for their side.

On the other hand, there are studies upon studies that demonstrate how the competitive aspects of the adversary system lead to injustice. Preparations of eye witnesses (starting with police ID techniques through encouragement to make strong statements at trial by prosecutors) have led to documented wrongful convictions. “Junk science” — often no more than so called experts simply being advocates for the “side” they are hired by — is also found to be a leading cause of wrongful convictions as well as scientifically unsupportable civil judgments.

Much said about the problem. Given the adversary system, solutions are as yet not apparent.

Please share your research. Kind regards, Bob Sanger

Thank you Izetta Morris for adding another perspective to this discussion. So far, I was considering only from the perspective of analytical method. Of course, in the same documents (say Arbitration cases) researchers can look for Legal angle, construction angle for me, or other aspects. I look in the content of the books you have suggested. I hope it can be bought in our Library.

Good project but include some case project also

Perhaps you seek proposals for value apportionment guidelines in relation to a particular type of cooperative venture; or perhaps you are running an informal experiment to assess how much value arbitrators are willing to provide for free.

I accept commercial arbitration mandates.

Considering that you seek a "neutral" process, final offer arbitration (FOA) apparently is not appropriate for your purposes. FOA is not neutral. It works by introducing uncertainty, thereby encouraging the parties to settle in order to avoid the risk FOA creates.

The situation you describe may more appropriately be approached as copyright license valuation task. If the parties in a particular case were to agree upon this modality, I would commence the process with a conference to understand the history and nature of the copyright material. At the conference you (as the copyright holder) would be required to present financial data, if any, associated with the copyright material. Each party would be required to state the envisaged number of instances of use of the copyright material and the time period over which such use may occur. Negotiation may be required to achieve agreement on this point - but to limit arbitration costs, the parties would be advised to agree in advance. I would prepare a conference protocol and require each party to sign it. Then I would proceed to craft an award informed by market-based information on sales, licensing transactions, royalty rates, and other data for comparable copyrights. Based on the circumstances of the particular case, I would project cash flows attributable to, and avoided due to, the copyright. I would then convert the projected cash flows to a net present value using a discount rate reflecting the relative uncertainty of the cash flows. The award could be, but need not be, in the form of a specified price per use of the copyrighted material. The parties may prefer to manage risk by agreeing to abide by an award in the form of a license agreement of specified duration at a fixed license fee.

To inquire further regarding my services, please message me.

Thank You all for the guidance and wonderful suggestions, i now have a strong basis to complete my work. God Bless you All

Had written an article on Proportionality in context of FET four years back, attached, if it interests you. 

CHAPTER IV “JURISDICTION OF ARBITRAL TRIBUNALS” of the Indian The Arbitration And Conciliation Act, 1996 deals with ‘Competence of arbitral tribunal to rule on its jurisdiction.’

It states-

16. Competence of arbitral tribunal to rule on its jurisdictional. -

(1) The arbitral tribunal may rule on its own jurisdiction, including ruling on any objections with respect to the existence or validity of the arbitration agreement, and for that purpose,

(a) An arbitration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract; and

(b) A decision by the arbitral tribunal that the contract is null and void shall not entail ipso jure the invalidity of the arbitration clause.

(2) A plea that the arbitral tribunal does not have jurisdiction shall be raised not later than the submission of the statement of defence; however, a party shall not be precluded from raising such a plea merely because that he has appointed, or participated in the appointment of, an arbitrator.

(3) A plea that the arbitral tribunal is exceeding the scope of its authority shall be raise as soon as the matter alleged to be beyond the scope of its authority is raised during the arbitral proceedings.

(4) The arbitral tribunal may, in either of the cases referred to in sub-section (2) or subsection (3), admit a later plea if it considers the delay justified.

(5) The arbitral tribunal shall decide on a plea referred to in sub-section (2) or sub-section (3) and, where the arbitral tribunal takes a decision rejecting the plea, continue with the arbitral proceedings and make an arbitral award.

(6) A party aggrieved by such an arbitral award may make an application forgetting aside such an arbitral award in accordance with section 34.

The querist may learn more by visiting the website http://www.nishithdesai.com/fileadmin/user_upload/pdfs/Research%20Papers/International_Commercial_Arbitration.pdf 

I think the subject matter of your work is clear enough.  However, you may find that your supervisor will be anxious that you confine the topic as narrowly as possible in order to make the study manageable.  There is an excellent text called Research Methodology by Ranjit Kumar which you may find helpful.  It has an excellent chapter on formulating a research problem.

I'll be another vote for mediation.  In our appellate court, cases come to us where they have already been decided at the trial level, whether as a matter of law by the judge, or as the result of a trial where evidence was taken. One might think that having an adjudicated "winner" and "loser" would tend to make the parties' positions more entrenched, and the parties less likely to change their views--particularly the "winners"  However, we do have a mediation office, to which we refer many cases which, in the judgment of our staff attorneys and judges are perhaps not so clear-cut.  Our mediator (whose surname is really Rambo) successfully mediates settlements about 40% of the time he is given a case, to the tune of perhaps 40 a year (our total caseload is about 900).  This is a significant achievement by an exceptionally gifted mediator, but demonstrates that even in situations where the legal posture of a dispute is more solidly established than before it would get to court, mediation can be an extremely successful way of bringing parties together to see a collaborative solution to difficult problems.

I did found this document useful, p.59-60 provides an overview of mediation and arbitration mechanism, some of which binding. This ISS-UNI agreement states that '... In the event that the parties are unable to resolve a dispute arising out of this global agreement after discussion at the bi-annual meeting as set out in Section 6.3 above, the matter shall be referred to a mutually agreed independent mediator/arbitrator, who shall seek initially a meditated resolution. In the event of failure to reach a mediated resolution the independent party shall propose an arbitrated resolution which shall be binding on both parties.

cited in: Hadwiger, Felix (2016) ‘Global framework agreements: Achieving decent work in global supply chains’, International Labor Office, Geneva.

there are some article about

OHADA laws

Sossa, Dorothée, "L'extension de l'arbitrabilité objective aux accords de développement économique dans l'espace OHADA" Revue trimestrielle de droit africain (Penant) ex Revue du droit des pays d'Afrique 01/07/2013 NUMÉRO 884, page(s) 269-314

Russian law, th earticle is in english to,

Lasfargue, David ; Brusau Cuello, Julien ; Jaulin, Foucaud "Cadre juridique et structuration des projets de partenariats public-privé en Russie : état des lieux et perspectives"  Revue de droit des affaires internationales - International Business Law Journal (RDAI) 01/02/2013, n° 1, page(s) 1-20

and in France

Clay, Thomas "Arbitrage pour les personnes morales de droit public : le grand bazar !" Les Petites Affiches  24/03/2008, n°60, page(s) 3-5

Best 

Pr Grégory Kalfleche

Dear Ivo and D.E.,

many thanks for your help!

You have to consider which is the law applicable to the Arbitration Clause. In many jurisdictions, material law of the contract (or of the bill of lading) shall apply, in other jurisdictions, the law of the seat of the Arbitration shall apply. Anyway, it is a safe practice to put the Arbitration Clause in the bill of lading or to make a clear reference to the Arbitration Clause that is in the contract.

thank u dear Frank. please see icc arbitration award no 2508 in which an increase in contractual price  up to 50 % didn't justify refusing performance by the seller under Swiss law.  have u seen any award or sentence that contradicts the argument of this award?

trade agreements are only enforceable if both parties are subject to the same treatment in arbitration. Most trade treaties involve a third party in order to settle disputes. Comity become problematic when the foreign policy conflicts with domestic policy. For example, for the TPP, there is a section on investment protection that allows investors to sue states if they enact laws that would hurt their investment and therefore affect the creation of laws. Of course the United States would be obligated to allow this to occur but the country is also obligated to protect its citizens from from "things" that affect the well-being of its citizens. Then there is the mentality of "you scratch my back, I scratch yours". This would involve the national government to be involved in the decision making powers of the judicial system of their respective country. Now I do not have to tell you how unconstituional that would be in the United States but you get the idea of how problematic comity could be