The challenges of artificial intelligence in the context of international arbitration

Artificial Intelligence (‘AI’) is becoming more sophisticated and more widely applied in a range of contexts, including in forms of dispute resolution such as international arbitration. This article briefly defines AI before exploring its current uses in international arbitration and the ways the international arbitration community and arbitral institutions have responded to its use. In doing so, the article includes analysis of qualitative interviews undertaken by the author with seven arbitration practitioners with practices spanning Europe, North and South America, Asia and Australasia. The article then explores the potential benefits and risks of AI use in international arbitration, noting the balance which needs to be struck between the benefits of efficiency and cost-savings on the one hand, and the risks to fair process on the other hand. The task of relevant organisations and governments will be to maximise positive outcomes but avoid unintended consequences. Part of this discussion will consider the implications of a brave new world where AI might be serving as an arbitrator, again drawing on the views of arbitration practitioners. The article concludes by noting the ongoing importance of human agency, including in protecting fair and just outcomes in international arbitration.