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ChatGPT as Co-Arbitrator in a Moot: claimant bias, weak on advocacy and credibility; useful for data processing. Human judgement still decisive.

Published on: 13 June 2024

Published by a Law360 reporter
Legal News
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Law360 sat down with former Hong Kong International Arbitration Centre Secretary General Mariel Dimsey

Last month, she took part in an experiment, chairing a moot arbitral tribunal where ChatGPT served as her fellow panellists. Her takeaway: while informative, chatbots remain outclassed by human arbitrators on numerous fronts. Dimsey, now the Hong Kong managing partner at CMS Hasche Sigle Hong Kong LLP, led the panel as highly qualified human teams pleaded the 20th Vis East Problem before her and the ChatGPT co-arbitrators. The ChatGPT arbitrators, dubbed Trinity and Neo, were operated via prompts by Cesar Pereira and Luisa Quintao, both from the Brazilian firm Justen Pereira Oliveira & Talamini. Having stepped down as secretary general of the Hong Kong International Arbitration Centre earlier this year, Dimsey recounted the exercise on a listserv connected to Transnational Dispute Management, a peer-reviewed online journal devoted to facets of international arbitration. In her blog post, Dimsey observed, among other points, that the ChatGPT bots showed a ‘claimant bias’, consistently favouring the claimant on questions of jurisdiction and on the merits. Her reflections emphasised that, although engaging, the exercise underlined a gap: in many respects, human judgment still surpasses chatbot output. That message echoed across her summary of...

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