{"title":"欧盟人工智能驱动的替代和在线争议解决:法律框架分析和拟议分类","authors":"Aura Esther Vilalta Nicuesa, Marian Gili Saldaña","doi":"10.1016/j.clsr.2025.106145","DOIUrl":null,"url":null,"abstract":"<div><div>This paper focuses on the impact of the new EU AI Act in alternative and online dispute resolution. After briefly analysing the state of the art regarding international regulations on artificial intelligence (AI) and the strategy followed in the European Union (EU) in the field of dispute resolution, the research provides a critical discursive overview of the international existing legal guidelines and frameworks for the use of AI in dispute resolution, aiming to identify the different levels of risk addressed by the EU IA Act in this context. The paper also offers forward-looking reflections intended to contribute to the improvement of the current legal framework on AI applied to dispute resolution in the EU. To this end, it identifies various AI tools applicable to the justice sector, highlighting their main advantages and limitations. It then outlines the most relevant hard law and soft law instruments at both international and European levels, with a particular focus on the strategy implemented by the EU leading to the adoption of the current EU AI Act. The study also reviews initiatives carried out by organisations to promote the ethical use of AI in judicial systems and examines the legislative approach adopted by the EU to regulate AI in the field of justice. Finally, the paper proposes a new categorisation of AI-assisted alternative and online dispute resolution mechanisms based on their degree of risk and autonomy.</div></div>","PeriodicalId":51516,"journal":{"name":"Computer Law & Security Review","volume":"57 ","pages":"Article 106145"},"PeriodicalIF":3.2000,"publicationDate":"2025-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"AI-driven alternative and online dispute resolution in the European Union: An analysis of the legal framework and a proposed categorization\",\"authors\":\"Aura Esther Vilalta Nicuesa, Marian Gili Saldaña\",\"doi\":\"10.1016/j.clsr.2025.106145\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<div><div>This paper focuses on the impact of the new EU AI Act in alternative and online dispute resolution. After briefly analysing the state of the art regarding international regulations on artificial intelligence (AI) and the strategy followed in the European Union (EU) in the field of dispute resolution, the research provides a critical discursive overview of the international existing legal guidelines and frameworks for the use of AI in dispute resolution, aiming to identify the different levels of risk addressed by the EU IA Act in this context. The paper also offers forward-looking reflections intended to contribute to the improvement of the current legal framework on AI applied to dispute resolution in the EU. To this end, it identifies various AI tools applicable to the justice sector, highlighting their main advantages and limitations. It then outlines the most relevant hard law and soft law instruments at both international and European levels, with a particular focus on the strategy implemented by the EU leading to the adoption of the current EU AI Act. The study also reviews initiatives carried out by organisations to promote the ethical use of AI in judicial systems and examines the legislative approach adopted by the EU to regulate AI in the field of justice. Finally, the paper proposes a new categorisation of AI-assisted alternative and online dispute resolution mechanisms based on their degree of risk and autonomy.</div></div>\",\"PeriodicalId\":51516,\"journal\":{\"name\":\"Computer Law & Security Review\",\"volume\":\"57 \",\"pages\":\"Article 106145\"},\"PeriodicalIF\":3.2000,\"publicationDate\":\"2025-05-23\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Computer Law & Security Review\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://www.sciencedirect.com/science/article/pii/S2212473X25000185\",\"RegionNum\":3,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Computer Law & Security Review","FirstCategoryId":"90","ListUrlMain":"https://www.sciencedirect.com/science/article/pii/S2212473X25000185","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
AI-driven alternative and online dispute resolution in the European Union: An analysis of the legal framework and a proposed categorization
This paper focuses on the impact of the new EU AI Act in alternative and online dispute resolution. After briefly analysing the state of the art regarding international regulations on artificial intelligence (AI) and the strategy followed in the European Union (EU) in the field of dispute resolution, the research provides a critical discursive overview of the international existing legal guidelines and frameworks for the use of AI in dispute resolution, aiming to identify the different levels of risk addressed by the EU IA Act in this context. The paper also offers forward-looking reflections intended to contribute to the improvement of the current legal framework on AI applied to dispute resolution in the EU. To this end, it identifies various AI tools applicable to the justice sector, highlighting their main advantages and limitations. It then outlines the most relevant hard law and soft law instruments at both international and European levels, with a particular focus on the strategy implemented by the EU leading to the adoption of the current EU AI Act. The study also reviews initiatives carried out by organisations to promote the ethical use of AI in judicial systems and examines the legislative approach adopted by the EU to regulate AI in the field of justice. Finally, the paper proposes a new categorisation of AI-assisted alternative and online dispute resolution mechanisms based on their degree of risk and autonomy.
期刊介绍:
CLSR publishes refereed academic and practitioner papers on topics such as Web 2.0, IT security, Identity management, ID cards, RFID, interference with privacy, Internet law, telecoms regulation, online broadcasting, intellectual property, software law, e-commerce, outsourcing, data protection, EU policy, freedom of information, computer security and many other topics. In addition it provides a regular update on European Union developments, national news from more than 20 jurisdictions in both Europe and the Pacific Rim. It is looking for papers within the subject area that display good quality legal analysis and new lines of legal thought or policy development that go beyond mere description of the subject area, however accurate that may be.