Source: Clyde & Co

The law firm Clyde & Co provides a perspective from France on the integration of Artificial Intelligence into the practice of international arbitration. The article explores the dual role of AI as both a tool for arbitration practitioners and a subject of disputes. It acknowledges the potential of AI to enhance efficiency in tasks such as document review, legal research, and transcription. However, it raises significant concerns from a French legal standpoint, particularly regarding the fundamental principles of confidentiality and due process that are paramount in arbitration proceedings, especially those seated in Paris.

The analysis delves into the ethical and procedural challenges that arise. For instance, using generative AI tools could lead to inadvertent breaches of confidentiality if sensitive case data is transmitted to third-party servers. Furthermore, the "black box" nature of some AI systems raises due process issues, as parties may not be able to scrutinize or challenge the AI-generated evidence or reasoning. The article suggests that while French arbitration law is flexible enough to accommodate technological advancements, practitioners and arbitrators must proceed with caution. It calls for the development of clear protocols and guidelines to govern the use of AI, ensuring that its adoption does not compromise the integrity, fairness, and enforceability of the arbitral process.