Arbitration And AI: Outside Of The (Black) Box

Abstract: Artificial Intelligence, also known as AI, has become an increasingly popular instrument in the field of arbitration, being declined a growing number of tools that contribute to ease the work of counsels and arbitrators alike. However, the ability of AI in making complex calculations also raises concerns about the explainability of the results produced in the context arbitration, whereby fairness and transparency are paramount in each stage of the proceedings. This article analyses the so called "black box" issue in international arbitration vis-à-vis some of the key sets of arbitration rules, the New York Convention and the current proposal of AI Act of the European Union.