ABSTRACT
The third chapter addresses the legal challenges associated with using AI-powered tools in international arbitration. It seeks to address these challenges and provide solutions. The chapter begins with an introduction to “hard” and “soft” legal regulations regarding the use of AI in arbitration. It then examines human rights concerns resulting from the use of AI in arbitral proceedings, focusing particularly on the right to a fair trial, due process (including hallucinations, biases, and discrimination), and privacy issues. The chapter also discusses different approaches to the copyright of AI-generated outputs from the perspectives of the US, China, and Europe. Finally, the chapter discusses the recognition and enforcement of AI-generated arbitral awards under international law, as well as the existing challenges and implications. Simultaneously, it provides possible solutions to this challenging problem. In this regard, the chapter takes a practical approach, reflecting on the legal issues related to the use of AI-based tools in arbitration. Against this backdrop, it provides in-depth insights into how to best benefit from AI-powered technologies while respecting the fundamental principles of international commercial arbitration.
