22 September 2025
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The use of AI by arbitrators: exploring the opportunities and managing the risks

To The Point
(5 min read)

The use of AI in the legal industry, including in international arbitration proceedings, is widespread and continues to evolve rapidly.  But while the use of AI by arbitrators offers opportunities, it also gives rise to unique challenges that require careful consideration and management.  This article examines how arbitrators can make use of AI and the difficulties that arise from their doing so.  It considers how to manage the use of AI by arbitrators and the challenges that may arise from misuse or lack of transparency. 

Introduction

The use of artificial intelligence (AI) in international arbitration proceedings is a topic that has received substantial attention in recent years as AI tools have become increasingly available and sophisticated.  Key areas of debate have included the implications of AI for the authenticity of evidence, the challenges that the use of AI presents to an equality of arms between the parties, and the capability of AI to adjudicate disputes.  The focus of this article is on one aspect of the discussion: the use of AI by arbitrators.

AI is already being used regularly in arbitral proceedings, including by arbitrators.  The consensus of the arbitral community, as in many other areas of the legal industry, appears to be that it is necessary to embrace the use of AI.  The use of AI by arbitrators looks set to continue: in the 2025 Queen Mary University International Arbitration Survey, 52% of respondents considered that arbitrators will increasingly rely on AI over the next five years.  As parties look to AI-driven efficiencies and improvements in output from their counsel, it is unsurprising that arbitrators are also looking to AI to enhance their own ‘service’ offering.

Yet while AI offers opportunities, it also presents challenges that requires management.  Arbitrators, and those that appear before them, must be aware of the risks of the use of AI by arbitrators and how those risks are best managed.  For while AI may be able to assist arbitrators in performing their functions, the use of AI must be approached with care to avoid undermining the foundational principles that underlie the arbitral process.

The use of AI by arbitrators
The challenges for the use of AI by arbitrators
Managing the use of AI by arbitrators
Failure to manage the risks presented by the use of AI by arbitrators
Conclusion

To the Point 


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