Normative-Institutional Consequences of the Integration of Artificial Intelligence in International Commercial Arbitration

Abstract

The paper analyses the normative and institutional consequences of the integration of artificial intelligence (AI) in international commercial arbitration. Special emphasis is placed on the application of generative and analytical AI tools in the phases of legal research, evidence analysis and drafting of decisions. The contribution of AI to the efficiency and economy of the procedure is explored, as well as the risks that such use carries for the fundamental principles of arbitration, in particular confidentiality, impartiality, transparency and autonomy of arbitrators.
The paper examines the existing regulatory framework, including UNCITRAL's Model Law, the institutional rules of leading arbitration institutions, and the European Artificial Intelligence Act, pointing to the existence of a regulatory gap between traditional process standards and accelerated technological development. Particular attention is paid to the potential implications of the use of AI on the validity and enforceability of arbitral awards, particularly in the context of the right to a fair trial and equality of the parties.
The paper advocates a balanced and pragmatic approach to the integration of AI in arbitration, whereby AI should remain an auxiliary tool under clear rules, with mandatory human oversight and the development of precise guidelines to preserve the legitimacy of arbitration proceedings.