Author
Mr Yuhang Wu
Organisation/Institution
University of Groningen
Country
NETHERLANDS
Panel
International Arbitration and Dispute Resolution
Title
Algorithmic Justice: A Comparative Study on the Validity and Enforceability of AI Arbitration Agreements and Awards in Hong Kong and Singapore
Abstract
Emerging technologies such as artificial intelligence (AI) and blockchain are reshaping the fundamental cornerstone of international commercial arbitration, namely the arbitration agreement. This transformation has given rise to unprecedented challenges concerning the authenticity of party consent, the legal validity of such agreements, and the recognition and enforcement of arbitral awards rendered thereunder. This article focuses on Hong Kong and Singapore, the leading arbitral hubs in Asia. By employing doctrinal and comparative methods, it examines: (1) whether an arbitration agreement may designate an AI algorithm as the final decision-maker; and (2) whether an arbitral award rendered thereby possesses legal validity under the existing legal frameworks of the said jurisdictions. The author examines the Arbitration Ordinance of Hong Kong and the International Arbitration Act of Singapore, together with international instruments such as the UNCITRAL Model Law and the New York Convention, to reveal the interpretative latitude and potential deficiencies. This article argues that although AI technologies hold potential for enhancing arbitral efficiency and procedural sustainability, the validity of such AI-based arbitration agreements and awards remains uncertain, owing to unresolved issues concerning the attribution of responsibility, the extent of human intervention, and the preservation of due process guarantees. It further proposes an interpretive framework aimed at achieving a balance between technological innovation and procedural justice. From the perspectives of sustainability and regional coherence, this article offers insights for developing a coordinated regional standard for AI-assisted arbitration in Asia. Key words: Artificial Intelligence; Arbitration Agreement; Arbitration Award; Algorithmic Consent; Legal Validity; Due Process
Biography
Yuhang Wu is a PhD candidate in the Department of Private International Law at the University of Groningen. His research interests include artificial intelligence law, international commercial arbitration, cross-border dispute resolution, and data governance. He is also an intern researcher at the Institute for Studies on Artificial Intelligence and Law, Tsinghua University. Yuhang Wu earned his LL.B. and B.A. from JUST in China, and LL.M. from the University of Sydney. He also undertook internships at courts and law firms in China. He now serves on the editorial board of the Journal of Critical Humanistic Social Theory and the Journal of AI Ethics and Legal Studies. Yuhang Wu also has several publications and experience participating in international conferences.
