Part of the appeal of arbitration as a dispute resolution procedure is that parties have a degree of flexibility over the proceedings. They can choose timelines for processes like disclosure and witness statements, and they have input into the constitution of the tribunal.
This flexibility now extends to the parties’ chosen use of AI during the course of the arbitration.
Practically, how do parties agree on the extent to which AI plays a role in the resolution of their dispute?
Arbitrators can give directions and appoint AI experts
The arbitrator can give directions about the use of AI in the arbitration, as part of their general powers to conduct the proceedings. The Tribunal may appoint AI experts if they need their assistance in understanding any of the tools or implications of the technology on the case.
Arbitrators are encouraged to record any decision on the use of AI in a procedural order.
Template agreements and procedural orders are available
The Chartered Institute of Arbitrators Guideline on the Use of AI in Arbitration (2025) (The ‘CIArb Guideline’) includes a precedent agreement on the use of AI in arbitration, which parties can use at the outset of their arbitration.
Parties can list the specific tools that they will permit for use in the arbitration. They can also exclude any tool that they deem inappropriate.
To give even greater control to the parties, the agreement allows them to specify which activities AI can be used for. This could extend to: research, document review, searching for inaccuracies, document formatting, and language review and improvement.
The CIArb Guideline also gives parties a draft a Procedural Order on the use of AI in arbitration. Parties to the arbitration and the arbitrator can modify the draft order to align with the views of the parties.
Similarly, the Silicon Valley Arbitration and Mediation Center: Guidelines on the use of Artificial Intelligence in Arbitration – 31 August 2023 (The ‘SVAMC Guidelines’) provide a Model Clause that can be incorporated into Procedural Orders to make the Guidelines applicable to all participants involved in a particular arbitration proceeding.
What happens if the parties disagree?
Ultimately, power vests in the Tribunal and the arbitrator(s) can make a ruling on the use of AI in the arbitration. The arbitrator may decide that the use of AI jeopardises the integrity of the proceedings, and deny its use. Or the Tribunal may permit AI for certain tasks (such as e-Disclosure) and disallow its use elsewhere.
