As AI tools become embedded in legal practice—from document review to case strategy their use in international arbitration raises pressing questions for companies using arbitration. How should arbitration users navigate the risks AI creates for their disputes, from award enforcement to the protection of privilege?
Courts and institutions worldwide are responding with decisions and guidelines as the landscape is evolving rapidly. This article informs in-house counsel on the key developments of AI in international arbitration.
Need to know developments
Recent court decisions and institutional rule-making confirm that generative AI is no longer a hypothetical concern for international arbitration but rather an active source of procedural risk. For instance, this year, the Quebec Superior Court annulled an arbitral award in which the arbitrator used AI-hallucinated authorities as the basis for key portions of the reasoning.1 The court held that delegating decision-making to AI breaches