ODR and Online courts

What is their future after the AI Act

Zitiervorschlag: Andrej Krištofík / Pavel Loutocký, ODR and Online courts, in: Jusletter IT 27-28 März 2024

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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