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Originally from Alternatives to the High Cost of Litigation

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Artificial intelligence’s business-and-industry transformation effects have hit international arbitration processes. As AI tools become increasingly integrated into dispute resolution frameworks, arbitral institutions are developing policies to regulate their use, ensuring fairness, transparency, and ethical considerations on their use in the process. See Maxim Osadchiy & Erika Santini, “Are Arbitral Institutions Using Artificial Intelligence? The State of Play in Adopting AI,” Kluwer Arbitration Blog (May 8, 2024) (available at https://bit.ly/4j0SVM2).

Leading arbitral institutions world-wide are adopting AI policies and even governing frameworks, setting new standards for arbitration in the digital age. They are adding AI features. AI has introduced significant efficiencies in the arbitral process, including document review, legal research, predicative analysis, and even decision-making support for arbitrators (see Osadchiy & Santini, above).

The alternative dispute resolution profession’s adoption of AI also raises concerns regarding transparency, bias, data security, and the potential erosion of human oversight. See Osadchiy & Santini, above. Arbitrators and institutions also are being forced to deal with AI use in claims and evidence, with organizations issuing internal alerts for so-called deepfakes.