Leading Voices Share Insights on AI in Arbitration

Prominent arbitration professionals from international law firms and institutions—including JAMS, Withers, Foley Hoag, Reed Smith, Troutman Pepper, and Haynes Boone—shared their perspectives on how artificial intelligence (AI) is impacting arbitration practice. Contributors include JAMS neutral Cynthia H. Cwik, Stephen P. Younger, Eugenie Rogers, Rebeca Mosquera, and others.

Boosting Efficiency Through AI

AI tools are playing an increasing role in streamlining the arbitration process:

• Document Review & Discovery: Legal teams are leveraging platforms like Relativity and Harvey to sort large volumes of material using predictive coding and relevance prioritization.
• Award Summarization: AI helps compress multi-hundred-page arbitral awards into digestible summaries, saving substantial time.
• Early-Stage Drafting & Translations: AI tools assist with drafting memos, procedural outlines, and translating documents in cross-border disputes.
• Procedural Issue Resolution: AI is used to address gaps in arbitration agreements—such as law selection and arbitrator appointment—through data-driven analysis.

Ongoing Limitations and Risks

Despite the clear benefits, concerns remain:

• Reliability and Hallucinations: AI may produce inaccurate outputs or fabricate citations, raising quality control issues.
• Ethical Boundaries: Delegating decision-making to AI poses threats to procedural integrity and enforceability of awards.
• Reluctance to Rely Fully on AI: Many experienced practitioners remain cautious, particularly in complex legal reasoning or final submissions.

Guidelines and Responsible Use

• Industry Standards: Organizations like CIArb, AAA, and the Silicon Valley Arbitration and Mediation Center have issued guidelines on responsible use, transparency, and non-delegation of judgment.
• Human Oversight: AI is best viewed as a support mechanism. Final decisions and strategic thinking remain human-driven.

Looking Ahead

According to the 2025 Queen Mary University of London International Arbitration Survey, the use of AI is expected to grow significantly over the next five years. The arbitration field is moving toward broader adoption of AI tools to enhance productivity while navigating ethical and procedural boundaries with care.

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