The integration of artificial intelligence (AI) and generative AI (GenAI) in international arbitration, specifically regarding arbitrators’ use, presents both opportunities and challenges. While England & Wales currently lacks formal regulations on AI in arbitration, parties rely on soft law guidance as encapsulated in the Arbitration Act 1996, which remains silent on the role of AI arbitrators. The ambiguity permits discussions on AI’s potential in decision-making, especially for administrative tasks. AI tools can assist in selecting arbitrators by offering predictive analytics on candidates’ decisions, potentially addressing biases within investor-state arbitration. Nonetheless, ethical considerations about fairness and impartiality remain paramount, particularly concerning the appointment of non-human arbitrators. Tribunals must impose clear protocols for AI usage to maintain procedural integrity and prevent disputes over its deployment. As the legal landscape evolves, the focus remains on using AI to support, rather than replace, human judgment in arbitration processes.
Source link
