Alternative Dispute Resolution in the Age of Artificial Intelligence

Arbitration and mediation may prove to be more efficient means of resolving disputes in the field of digital law, noted attorney Aurélien Boucher, of the IT & Data practice at hw&h Avocats, during a webinar held on Thursday, July 31. Boucher joined Clara Affeld, Deputy Director of the Chamber for Digital Law (CDD) of ABPI’s Dispute Resolution Center (CSD-ABPI), in the session titled “Regulation and Dispute Resolution: The European Perspective and What to Expect from Brazil,” moderated by CDD-ABPI Director Rodrigo Azevedo.

The French lawyer highlighted Article 21 of the European Digital Services Act (DSA), which requires platforms to provide alternative means of resolving disputes related to online content moderation. In contrast, he explained, the European AI Act does not refer to alternative dispute resolution (ADR) mechanisms. Instead, it focuses on compliance requirements based on the systemic risk posed by AI technologies. “Still,” Boucher emphasized, “this field is well suited to more agile and specialized procedures—and AI itself is increasingly being used as a tool to support ADR processes, which could make them even faster and more scalable.”

In her presentation, Clara Affeld traced the evolution of Brazilian legislation on artificial intelligence, culminating in Bill No. 2,338/2023, currently under review in the Chamber of Deputies. The bill addresses the development, implementation, and responsible use of AI systems. She then compared the Brazilian and European frameworks, pointing out both their similarities and distinctions.

According to Affeld, Brazil’s proposed legislation adopts a risk-based logic similar to that of the European model, classifying and regulating AI systems according to their level of criticality and potential impact on fundamental rights. In this context, she noted, “alternative solutions to court proceedings—such as arbitration, mediation, or expert determination—may offer more efficient, specialized, and agile options for many of the disputes that are now beginning to emerge.”

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