Inteligența artificială în arbitrajul internațional: reglementarea la nivel de industrie și argumentul pentru clauze model
Artificial intelligence in international arbitration: self-regulation and the case for model clauses

Summary/Abstract: Artificial intelligence (specifically, legal AI software) has the potential to greatly improve efficiency in and reduce the costs of international arbitration. The number of use cases will continue to grow as technological advances are made, but at the time of writing, these include predictive analytics, document review and management and data summarisation. However, over-reliance on AI output by lawyers and arbitrators presents multiple and significant risks. The use of AI technology remains largely unregulated in the legal industry. In the absence of clear rules governing the use of AI in arbitrated disputes, the consensual basis upon which those disputes are conducted presents an opportunity for parties to self-regulate. Parties should strike a proportionate balance between cost-savings and efficiency on the one hand and a just and equitable resolution of their dispute on the other. Model Clauses, which parties to arbitration may agree to incorporate into Procedural Orders, are a mechanism by which effective self-regulation can be achieved. Model Clauses should promote transparency and fairness to users of arbitration, allowing them to make informed decisions on which risks they are willing, or unwilling, to tolerate.

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