Source: Norton Rose Fulbright

The law firm Norton Rose Fulbright provides an analysis of the new guideline on the use of Artificial Intelligence in arbitration, recently released by the Chartered Institute of Arbitrators (CIArb). This guideline represents a significant step by a major international arbitral body to provide a clear framework for arbitrators, parties, and legal counsel on the responsible use of AI in arbitral proceedings. The publication is a direct response to the rapid adoption of AI tools in the legal profession and aims to address key ethical and practical considerations to ensure the integrity and fairness of the arbitration process.

The analysis highlights several core principles of the CIArb guideline. A paramount concern is confidentiality; the guideline stresses that parties and arbitrators must not input any confidential or private information into public AI platforms. It also establishes a duty of transparency and disclosure, suggesting that parties should inform each other and the tribunal about their intended use of AI for significant tasks. Furthermore, the guideline reinforces the principle of arbitrator and party responsibility, making it clear that users of AI are accountable for the accuracy and validity of any AI-generated output. This includes the duty to verify legal citations and ensure that the AI's work product is free from bias. The firm concludes that this guideline will be highly influential in shaping best practices for AI use in international arbitration.