Wolters Kluwer: International Arbitration & Mediation’s Post

Generative AI: opportunities and risks in arbitration Exciting insights from Freshfields' Elliot Friedman, Marta Garcia Bel, Veronika Timofeeva, and Desmond Chong on the future of arbitration with AI! As AI makes its way into arbitration, the potential for efficiency, accuracy, and innovation is immense. Imagine streamlined document reviews, smarter arbitrator selection, and even AI-assisted award drafting. But, it's not all smooth sailing - challenges like bias, privacy concerns, and ensuring the integrity of proceedings highlight the need for a thoughtful approach. With the EU's "AI Act" on the horizon and new guidelines shaping the responsible use of AI, the legal community is buzzing. Whether you're intrigued by AI's promise or cautious about its pitfalls, this article is a must-read for a peek into arbitration's future. https://lnkd.in/dxwqF5J2 #FutureOfArbitration #AIInnovation #LegalTech #Freshfields #FreshfieldsLab

Something to start your Tuesday with your #digitalcoffeebreakinarbitration ☕. Here is the article "Arbitration Tech Toolbox: Emotion AI: A Game-Changer for Efficiency and Due Process in International Arbitration?" The authors, Dirk De Meulemeester and Meily LAM-KHOUNBORIND, explain how Emotion AI, a branch of AI that interprets human emotions, could revolutionize international arbitration by enhancing efficiency and ensuring due process. They highlight how this technology, through real-time monitoring of participants’ emotional states, can optimize case management and even help assess witness credibility, while also emphasizing the need for responsible implementation to address ethical concerns and ensure fairness. Find the full article here: https://lnkd.in/dkPvAGtW

There is no denying that AI has transformed the way many people work. Yet in the legal sphere, there are concerns around its use, particularly in litigation, with multiple cases where Chat GPT has been misused by both lawyers and judges. So should AI be taken into consideration when the Arbitration Act is reformed this year? Rebecca Wyke explains the complex issues surrounding arbitration and AI here 👉https://ow.ly/Slmf50QCGce...

We reflect on another fascinating discussion at London International Disputes Week (LIDW). You can find the full summary on our website below. Some thought-provoking questions from the session: 💡  Should AI be used to help legal professionals manage information overload? 💡Is there a risk that using AI in this context could exploit existing human limitations, especially when it comes to setting the right ‘anchor points’? 💡 Would AI increase the risks related to cognitive biases? 💡As AI technology advances, will we find ourselves at a point in the future where parties may fall under scrutiny for not utilising tech to aid legal proceedings and decision-making? Serle Court #ai #internationalarbitration

Looking for AI guidelines and considerations for arbitrators? AI has come into sharp focus in dispute resolution following the now-famous cases of lawyers who used AI to draft court filings. Unfortunately, some cases they cited were the result of AI “hallucinations.” The leading tech ADR organization, Silicon Valley Arbitration and Mediation Center (“SVAMC”), is forging the way with draft Guidelines on the Use of Artificial Intelligence (AI) in International Arbitration. In the latest Hennepin Lawyer, David Allgeyer walks us through these and the takeaways for arbitrators in the meantime.  https://lnkd.in/gYnerYAj

For today's #digitalcoffeebreakinarbitration ☕ we recommend "LIDW 2024: Navigating the Future of Arbitration with AI at the Helm" Find the article here: https://lnkd.in/dcBDUWBR Minul Muhandiramge states that London International Disputes Week (LIDW) explored the role of artificial intelligence (AI) in arbitration through various sessions. One session discussed how AI can help mitigate human cognitive biases and manage information overload in decision-making. Another session focused on the challenges of using AI, including data privacy, confidentiality, and regulatory compliance under GDPR. The final session highlighted AI's potential to reduce costs and improve efficiency in legal processes, while emphasizing the indispensable human element in arbitration decisions. #digitalcoffeebreak #digitalarbitration

Arbitration is a vital mechanism for resolving disputes in Poland’s legal landscape. It seems that the next chapter in the development of arbitration proceedings is the use of Artificial Intelligence. Algorithms and modern tools are believed to be able to help the justice system to work faster and more efficiently. At this point in time the use of AI in arbitration proceedings is not standard in Poland, however, the initiatives such as the ENOIK arbitration court are evidence of a growing awareness of the need to implement and use AI in legal proceedings. Since arbitration strives to offer a more efficient and less formal process compared to proceedings before common courts, a well-trained and tested AI could make a significant contribution as a tool supporting the process. However, the implementation of AI on a wider scale will require common efforts among legal practitioners, arbitrators, technology providers, and policymakers in order to reach the full potential of AI in arbitration while also respecting the principles of fairness, predictability, and transparency. https://lnkd.in/ecRP9jKm By Patrycja Starczewska and Aleksandra Domarecka #legaltech #law #legaltechtalk #legal #AI

"It is even more complicated to assess in which circumstances the Act could apply if we consider Article 2(c). The interpretation difficulty turns around the requirement that the output produced by the AI system must have been “used” in the EU. Arguably, if AI systems have been used by the arbitral tribunal, the AI system’s output has impacted the award, which in turn has legal effects on an EU-based party. Is the location of one of the parties in the EU thus sufficient to conclude that the “output produced by the AI system is used in the EU”? Or, otherwise, is it sufficient that an award could ultimately be enforced against assets located in the EU? If one were to answer in the positive, this would mean that the Act could have potentially significant extraterritorial consequences: it could apply even if the seat of the arbitration is outside the EU, the arbitrators are based outside the EU, and one of the parties is located outside the EU."

Monday morning - time for your #digitalcoffeebreakinarbitration ☕ "Navigating the Main Impacts of Artificial Intelligence in International Arbitration: Insights from the ICC YAAF Workshop" by Janine Haesler and Tim Isler is our recommendation to start the week. In this article, the authors discuss the significant potential and the challenges of integrating Artificial Intelligence (AI) into arbitration processes, as highlighted during the ICC Young Arbitration & ADR Forum workshop in Zurich on 19 October 2023. They explore the use of AI in various stages of arbitration, including document review, fact-finding, document production, the selection and appointment of arbitrators, and decision-making, emphasizing the efficiency and potential bias concerns. The article concludes that while AI can streamline arbitration and save resources, it cannot replace the nuanced judgment of lawyers and arbitrators, highlighting the necessity of combining AI with human oversight and ethical considerations. https://lnkd.in/dxTrRxyK #digitalcoffeebreak #digitalarbitration

Exciting Developments in AI and International Arbitration! As the realm of Artificial Intelligence continues to evolve, its profound impact on International Arbitration cannot be overstated. Freshfields Bruckhaus Deringer is at the forefront of AI advancements shaping the future of dispute resolution. From AI-powered dispute prevention to the management of arbitration proceedings, AI is revolutionizing how we approach complex cross-border disputes. #AIinArbitration #LegalTech #DisputeResolution #InnovationInLaw #Freshfields