Source: Wolters Kluwer

Wolters Kluwer discusses the adoption of the UNCITRAL Model Law on Automated Contracting (MLAC) in July 2024 and its implications for international arbitration. The MLAC establishes a foundational legal framework for recognizing the validity of contracts formed and performed through automated systems, including AI, by enshrining a principle of "non-discrimination against automation." This means that a contract or procedural act cannot be denied legal effect solely because it was generated by a machine without human intervention. The article explores how this applies to arbitration, suggesting that procedural steps like constituting a tribunal or scheduling hearings can now be validly automated.

However, the post clarifies that the MLAC does not grant legal personality to AI systems; actions performed by automated tools must still be attributed to the natural or legal persons operating them. While the Model Law facilitates the use of smart contracts and automated administrative tasks in dispute resolution, it stops short of legitimizing fully autonomous "robot arbitrators." The author argues that while the MLAC paves the way for greater efficiency and "autonomous arbitration," the ultimate decision-making authority and liability must remain tethered to human oversight, ensuring compliance with mandatory arbitration laws and due process.