Richard A. Bales (Ohio Northern University — Pettit College of Law), Wenwen Ding (China University of Political Science and Law), and Xiaochen Sun (China University of Political Science and Law) have posted Using AI In Arbitrating Labor & Employment Disputes In China And The U.S. in California Western International Law Journal, volume 56, number 1, on SSRN. Here is the abstract:
This article offers a comparative analysis of how artificial intelligence is being integrated into labor arbitration systems in China and the United States, emphasizing how institutional design shapes both the scope and limits of technological adoption. It argues that China’s administratively driven, quasi-judicial framework enables more centralized, system-wide deployment of AI—including decision-support tools and “smart arbitration” platforms—while the United States’ decentralized, contract-based system constrains AI to more auxiliary, party-controlled functions. Drawing on detailed examination of procedural stages and emerging practices in both jurisdictions, the article identifies key ethical, practical, and structural challenges associated with AI use, including concerns about fairness, transparency, and adjudicatory integrity. Ultimately, the article contends that meaningful evaluation of AI in arbitration requires attention not only to technological capability but also to the institutional conditions that govern its implementation, offering a foundation for future regulatory and normative development in technology-assisted dispute resolution.
Recommended.
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