Public Policy and the Enforcement of AI-Generated Arbitral Awards

The integration of artificial intelligence (AI) into international arbitration raises significant public policy challenges, particularly when AI is used to render arbitral awards autonomously. This paper evaluates the enforceability of AI-generated awards under the 1958 New York Convention (NYC), with particular emphasis on the public policy exception and associated due-process guarantees. It discusses three principal concerns: namely, the requirement that arbitrators be natural persons, the necessity of reasoned awards, and the risk of algorithmic bias compromising impartiality and fairness. Drawing on comparative jurisprudence and emerging soft-law guidance, the analysis demonstrates that, although party autonomy may in principle accommodate technological innovation, prevailing legal frameworks present significant obstacles to recognition and enforcement.