TY - JOUR
T1 - Algorithmic Decision-Making and the Legitimacy of Arbitral Justice
T2 - Toward a Multilevel Framework of Normative Governance
AU - Ramos-Zaga, Fernando A.
N1 - Publisher Copyright:
Copyright (c) 2026 Revista Brasileira de Alternative Dispute Resolution - Brazilian Journal of Alternative Dispute Resolution - RBADR. This work is licensed under a Creative Commons Attribution 4.0 International License. https://creativecommons.org/licenses/by/4.0/
PY - 2026/7/9
Y1 - 2026/7/9
N2 - The integration of artificial intelligence into international commercial arbitration has engendered a structural fracture between legal rationality, grounded in normative justification, and the statistical logic of algorithms, based on opaque correlations. This epistemic tension compromises the arbitrator's agency and erodes the legitimacy of the arbitral award, particularly in the absence of regulatory frameworks capable of translating algorithmic outputs into legal reasons. The objective of this research is to design a multilevel normative model that enables such epistemic translation by articulating protocols for counterfactual explainability, substantive audits of normative biases, and interoperability standards to safeguard legal diversity against algorithmic homogenization. The findings enable the reconstruction of arbitral deliberation as an autonomous rational practice, even within AI-assisted contexts. It is concluded that human oversight is legally effective only when integrating normative mechanisms that guarantee the rational controllability of the award, thus configuring a pluralistic technological governance compliant with transnational procedural public policy.
AB - The integration of artificial intelligence into international commercial arbitration has engendered a structural fracture between legal rationality, grounded in normative justification, and the statistical logic of algorithms, based on opaque correlations. This epistemic tension compromises the arbitrator's agency and erodes the legitimacy of the arbitral award, particularly in the absence of regulatory frameworks capable of translating algorithmic outputs into legal reasons. The objective of this research is to design a multilevel normative model that enables such epistemic translation by articulating protocols for counterfactual explainability, substantive audits of normative biases, and interoperability standards to safeguard legal diversity against algorithmic homogenization. The findings enable the reconstruction of arbitral deliberation as an autonomous rational practice, even within AI-assisted contexts. It is concluded that human oversight is legally effective only when integrating normative mechanisms that guarantee the rational controllability of the award, thus configuring a pluralistic technological governance compliant with transnational procedural public policy.
KW - Artificial Intelligence
KW - Cognitive Capture
KW - Data Colonialism
KW - Epistemic Translation
KW - International Arbitration
UR - https://www.scopus.com/pages/publications/105044650128
U2 - 10.52028/rbadr.v8.i15.ART08.PER
DO - 10.52028/rbadr.v8.i15.ART08.PER
M3 - Article
AN - SCOPUS:105044650128
SN - 2596-3201
VL - 8
SP - 171
EP - 195
JO - Revista Brasileira de Alternative Dispute Resolution
JF - Revista Brasileira de Alternative Dispute Resolution
IS - 15
ER -