Consumer Arbitration System: some «smart» proposals de lege ferenda

Abstract

While the transition from Alternative Dispute Resolution (ADR) to first generation Online Dispute Resolution (ODR) is important, with the incorporation of the Information and Communication Technologies (ICT) in the former, much more important is the incorporation of artificial intelligence in the extrajudicial resolution of conflicts and the emergence of smart ODR. In this sense, this paper analyses the possible implementation of artificial intelligence in Consumer Arbitration System, making a series of proposals for its application as a welfare tool and analysing its possible use as a decision-making tool. Likewise, these proposals are accompanied by other «smart» proposals that we consider appropriate proposals in the current context of promoting ADR and of the so-called Fourth Industrial Revolution (4.0).