Source: JD Supra

JD Supra features an article by HKA, which explores the multifaceted role of Artificial Intelligence in the realm of international arbitration. The authors, Nosherwan Khan and Junaid O. Baig, posit that AI is set to revolutionize the field in two primary ways: first, as a powerful tool to enhance the efficiency and effectiveness of the arbitral process, and second, as a burgeoning subject of the disputes themselves. As a tool, AI can be leveraged for tasks such as document review, legal research, case management, and even the analysis of evidence to identify patterns or inconsistencies. These applications promise to streamline proceedings, reduce costs, and potentially level the playing field for parties with fewer resources. However, the adoption of these tools also raises significant concerns regarding data privacy, cybersecurity, and the potential for algorithmic bias to influence outcomes.

The article also delves into the emerging challenges of arbitrating disputes where AI systems are at the core of the conflict, such as disputes over AI-driven contractual performance, intellectual property rights in AI-generated works, or liability for damages caused by autonomous systems. These cases present novel legal and evidentiary questions that traditional arbitral frameworks may not be equipped to handle. The authors stress the need for the international arbitration community to proactively address these issues by developing new rules, protocols, and ethical guidelines. Key considerations include the "explainability" of AI decisions, the allocation of liability when an AI system errs, and ensuring due process and fairness. The piece concludes that while AI offers immense potential to modernize international arbitration, its successful integration requires a careful and considered approach from arbitrators, counsel, and arbitral institutions to navigate the complex legal, ethical, and technological challenges it presents.