The Impact of Artificial Intelligence on International Commercial Arbitration

Abstract

This study examines the Impact of AI on International Commercial Arbitration. It highlights the implications of AI in resolving cross-border commercial disputes between parties to transactions through arbitration. This study relies on the qualitative approach, analytical methods to achieve the objectives of this study. It focuses on the analysis, evaluation and review of previous literature and critically examines the challenges and issues that arise in this process. The continuous development of new technologies presents many new challenges related to how to integrate the use of AI to manage the arbitration process. To determine whether the existing legislative framework is adequately broad to comprise AI in arbitration, this study examines international agreements, some national laws and arbitration conventions, such as UNCITRAL, and the New York Convention1958. It was found that there are different attitudes about replacing human arbitration with AI arbitration. Further, with respect to the recognition and enforcement of foreign arbitral awards rendered by AI they may be valid and enforceable to the same level as domestic awards, although they may face several challenges such as public policy issue. To make sure that international commercial arbitration remains effective amidst the rapid development of AI, it is vital to expand the current legal framework. This could be accomplished by modernizing existing legal provisions or introducing new provisions precisely addressing AI applications.