![handle is hein.journals/vemsjl2023 and id is 1 raw text is: S sciendo
Vietnamese Journal of Legal Sciences, Vol. 08, No. 01, 2023, pp. 01-24 DOI: 10.2478/vjls-2023-0001 1
Al IMPLEMENTATION IN ODR:
A GAME-CHANGER OR A TROUBLEMAKER
OF DATA PROTECTION
NGO NGUYEN THAO VY
Lecturer at International Law Faculty, Ho Chi Minh City University of Law
Email: nntvy@hcmulaw.edu.vn
Abstract
Artificial intelligence (Al) possesses the capability not only to accelerate the dispute resolution
process but also to promote early settlements by improving predictability and reducing risk.
However, concerns have emerged regarding the impact of Al on the decision-making process,
the transparency and control of arbitral data and algorithms, as well as the possible risks
to conitdentiality and personal data protection, especially in arbitration process. This article
explores the dificulties in achieving a balance between the necessityfor eficient AI-powered
dispute resolution and the imperative to safeguard personal data and adhere to economics,
arbitration law and personal data protection law. The challenge is particularly pronounced
in Vietnam, where the legal frameworkfor cybersecurity and personal data protection is still
evolving.
Keywords: artificial intelligence, online dispute resolution, arbitration law, data protection
Online dispute resolution (ODR), which allows parties to settle
disagreements without having to physically appear in court,
has grown in popularity in recent years. In the EU, there have been
more than 750 alternative dispute resolution schemes, including ODR
ones, handling consumer disputes across the region.1 The European
Commission also established an EU-wide ODR Platform in 2016 for
online transaction disputes under the domain ec.europa.eu/consumers/
odr.2 In the USA, eBay's ODR system handles over 60 million disputes
a year for claims related to its Vehicle Purchase Protection and Business
Equipment Purchase protection plans.3 Modria and Cybersettle are two
major ODR platforms that have been introduced on a global scale, each
1 European Commission (2011), 'Commission Staff Working Paper: Proposal for a Directive
of the European Parliament and of the Council on Alternative Dispute Resolution
for consumer disputes (Directive on consumer ADR) (COM(2011) 793 final) and
Proposal for a Regulation of the European Parliament and of the Council on Online
Dispute Resolution for consumer disputes (Regulation on consumer ODR) (SEC(2011)
1409 final)'. Retrieved from: https://www.europarl.europa.eu/document/activities/
cont/201204/20120425ATT43950/20120425ATT43950EN.pdf [accessed 12 March 2023].
2 Hess B., Bergstrom M., & Storskrubb E. (2016), EU Civil Justice: Current Issues and Future
Outlook, Bloomsbury Publishing, p. 46.
3 Smith T. (2017), 'The Rise of Artificial Intelligence in Law: The New Frontier of Legal
Practice', Journal ofIntellectual Property Law & Practice, Vol. 12, No. 7, pp. 543-550. Retrieved
from: https://libraryguides.missouri.edu/c.php?g=557240&p=3832247 [accessed 12 March
2023].](ViewImageLocal?handle=hein.journals/vemsjl2023&div=1&collection=&method=preview&ext=.png&size=3)
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