Gary von WilmerHale, head of the International Arbitration Group, visited Korea to attend the 13th Asia-Pacific ADR Conference held on the 30th of last month. Photo = Korean Commercial Arbitration Board “Artificial intelligence (AI) will grow to the point where it will replace the level of lawyers with less experience in tasks such as document disclosure. However, AI can be a double-edged sword.”
Gary von Wilmer Hale, head of the international arbitration group at Wilmer Hale Law Firm, predicted changes in the arbitration market in the AI era in an interview with the Korea Economic Daily on the 30th of last month. He visited Korea to give a keynote speech at the 13th Asia-Pacific ADR (Alternative Dispute Resolution) Conference held on this day.
The head of this group said that AI will bring innovation to the field of arbitration, but warned, “There are risks due to the hallucination phenomenon of AI, so use of AI without the consent of the arbitrating parties must be cautious.”
He explained, “During the time of COVID-19, remote hearings through Zoom became active, transforming into an efficient environment that went beyond the limitations of the hearing location.” He pointed out the two-faced nature of using AI, saying, “In the United States, there has already been a case in which a law firm suffered embarrassment when the content of a case submitted to the court turned out to be a hallucination of AI.”
“It may be tempting for arbitrators to use AI to make decisions, but at this stage, it can be very risky. Especially in arbitration, where written communication and disputes are heavily involved, the disadvantages of AI must be kept in mind rather than the benefits.”
Korea’s growing arbitration capacity
The head of this group, who evaluated that “Korea’s arbitration capabilities have grown together with Korean companies over the past 20 years,” is the highest authority in the international arbitration industry, having defended 675 arbitration cases and handled 4 large cases for the ICC (International Chamber of Commerce). .
In particular, regarding the choice of arbitration site for Korean companies, he said, “There is no reason for Korean companies to go to London or New York, leaving behind geographical and time advantages,” and advised, “If necessary, they can appoint a foreign arbitrator.”
He served as Chairman of the Singapore International Arbitration Center (SIAC) Arbitration Court from 2015 to 2021. “Singapore has emerged as an important dispute resolution hub in Asia with the government’s active support since the 1990s,” he said. “By attracting overseas lawyers and establishing specialized arbitration courts.” “This was effective,” he explained. In 2020, SIAC’s annual arbitration cases exceeded 1,000 for the first time.
Six Strengths and Future Prospects of Arbitration
The head of this group summarized the advantages of international arbitration into ‘6E’. It is more professional, expeditious, efficient, fair, even-handed, enforceable, and electronic than litigation.
He emphasized, “Companies want quick and predictable dispute resolution,” and “6E is directly related to the requirements of the corporate arbitration industry.” “In particular, the introduction of electronic methods is accelerating after COVID-19,” he added.
The head of this group, who is also the author of several international law textbooks, did not spare practical advice to prospective arbitration lawyers. “You must have a combination of sincerity, creativity, flexibility, and determination,” he emphasized. “Just as you do not only do one type of exercise at the gym, you must develop a variety of capabilities to become a good arbitration lawyer.”
In particular, in the AI era, he emphasized, “You should not be afraid of new technology, but you should also not blindly trust it,” and “In the end, technology is just a tool, and the essence is the expertise of a lawyer.”
Reporter Park Si-on usher908@hankyung.com
