Publication details

ODR and Online courts: What is their future after the AI Act

Authors

KRIŠTOFÍK Andrej LOUTOCKÝ Pavel

Year of publication 2024
Type Article in Periodical
Magazine / Source Jusletter IT. Die Zeitschrift für IT und Recht
MU Faculty or unit

Faculty of Law

Citation
Web https://jusletter-it.weblaw.ch/issues/2024/28-Maerz-2024/odr-and-online-court_2a3e9f104c.html__ONCE&login=false
Doi http://dx.doi.org/10.38023/9375d02d-afd2-47fd-9e71-ba679710f15a
Keywords ODR; AI; AI Act; Online Courts
Description Online Dispute Resolution (ODR) is characterized by the use of technological means, which makes ODR platforms beneficial compared to standard courts and dispute resolution methods. Any regulation of technical means has an impact on the use and possibilities of ODR, especially when such regulation directly references usage in judicial settings. The proposed AI Act aims to regulate any use of specified AI technologies in situations that could potentially impact fundamental rights, with specific emphasis on the right to a fair trial. The article analyzes the implications of the AI Act on the usage of such technologies in ODR processes, whether and to what capacity they are permissible, based on the categories proposed by the AI Act. The article also analyzes other aspects of ODR processes that could have implications for fundamental rights but are either out of scope of the AI Act or are overlooked by it.
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