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Abstract

This paper provides a comprehensive analysis of the regulatory framework; the opportunities and the challenges associated with the use of artificial intelligence in international arbitration. First, it addresses relevant regulatory instruments such as the Guideline on the Use of AI in Arbitration of the Chartered Institute of Arbitrators (CIARB); the Guidelines on the Use of Artificial Intelligence in Arbitration of the Silicon Valley Arbitration and Mediation Center (SVAMC); the Principles Supporting the Use of AI in Alternative Dispute Resolution of the International Centre for Dispute Resolution(ICDR); the European Union Artificial Intelligence Act; and the New Task Force on AI in International Dispute Resolution of the ICC’s Commission on Arbitration and ADR. Second, it discusses the promising opportunities of the implementation of AI in international arbitrations, namely, its capacity to enhance data analytics, legal research, and predictive analysis, as well as providing efficiency, accuracy, procedural efficiency, costs- reduction, access to justice, risk-assessment, decision-making, and arbitrator- selection. Third, it assesses the practical and ethical challenges of the utilization of AI, including those related with accuracy and reliability, confidentiality, data security, and regulatory compliance, as well as bias and fairness, professional responsibility, legal evolution, due process, and justice. It finally concludes that while AI can serve as a valuable tool to support arbitration, as of today, it shall not totally replace human adjudicators, as it lacks a sense of intrinsic justice when confronted with unjust laws that ought to be ethically challenged.

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