Article 4.36 Use of Automated Dispute Resolution Algorithms

(a) (1) The IC Court shall employ technological tools, including artificial-intelligence-based mechanisms, where appropriate, to enhance the efficiency, quality, and accessibility of judicial dispute resolution, without prejudice to due process, fairness, equality of arms, proportionality, or fundamental principles of justice.

(b) (2) Automated dispute resolution mechanisms shall be made available to parties entitled to access the judicial dispute resolution framework of the ICT under this Chapter.

(c) (3) Unless both parties expressly opt out by a specific, mutual, and contemporaneous written agreement referring to this Article, use of the automated dispute resolution mechanism shall be a procedural pre-condition to the commencement of substantive court proceedings before the IC Court. This requirement shall not prevent a party from applying for urgent interim relief under Article 4.35(15). Any purported opt-out contained in standard terms and conditions, unilateral notices, or other non-negotiated instruments shall be ineffective.

(d) (4) The mechanism shall invite and receive submissions from all parties on an equal and confidential basis and generate a reasoned written suggestion for resolution (the “Dispute Resolution Suggestion”), clearly setting out the material submissions considered, the applicable framework applied, and the reasoning underlying the suggested outcome.

(e) (5) Where the Dispute Resolution Suggestion is accepted by all parties, or is not rejected within thirty (30) days following clear written notice of its legal consequences, it shall be deemed a consent judgement of the IC Court and shall have the same legal standing and enforceability as a final judgement of the IC Court.

(f) (6) Where the Dispute Resolution Suggestion is rejected, the dispute shall proceed to formal court proceedings without adverse inference arising solely from such rejection.

(g) (7) Information provided in the context of automated dispute resolution shall be strictly confidential and shall not be admissible or relied upon in subsequent court proceedings unless all parties expressly agree otherwise.

(h) (8) The Chief Justice shall issue Directives governing suitability, procedural safeguards, transparency standards, data protection, bias mitigation, human oversight, review mechanisms, and the operation of automated dispute resolution mechanisms.

(i) (9) The use of automated dispute resolution shall not extinguish or diminish a party’s right to a full judicial determination of the dispute where the Dispute Resolution Suggestion is rejected.

(j) (10) In determining costs under Article 4.35(20), the IC Court shall not take rejection of a Dispute Resolution Suggestion into account unless a party applies for such consideration and the IC Court concludes that the final outcome is substantially similar to that Dispute Resolution Suggestion.

(k) (11) The operation and continued appropriateness of automated dispute resolution mechanisms shall be reviewed periodically, and in any event at least every three (3) years.