A Legal Analysis of the Role of Artificial Intelligence in International Arbitration Proceedings: Opportunities and Challenges
A Legal Analysis of the Role of Artificial Intelligence in International Arbitration Proceedings: Opportunities and Challenges
Tara Mohammadi1 Hamidreza Afarin2
1) PhD in Professional Arbitration, University of Tehran
2) PhD Student in Private Law, Mashhad Branch, Islamic Azad University, Mashhad, Iran
IOI Code
:
ABKH-ABHFBF
Publication :
4th International Conference on Applied Researches in Humanities, Economics, Management & Accounting(icrhema.com)
Abstract :
The rapid development of artificial intelligence technologies in recent years has had significant impacts on dispute resolution systems, particularly international arbitration. Owing to its capacity to analyze vast amounts of data, process legal documents, and identify patterns in decision-making, this technology has contributed to enhancing the speed, accuracy, and efficiency of resolving international commercial disputes. Despite these advantages, the use of artificial intelligence in the arbitral process also raises important legal challenges, including issues of decision-making responsibility, the risk of algorithmic bias, concerns relating to the confidentiality of information, and its implications for the principles of due process and fair trial.Adopting a descriptive-analytical approach, the present study examines the legal requirements governing the use of artificial intelligence in international arbitration. The findings indicate that the application of this technology is compatible with the principles of arbitration only where human oversight over the decision-making process is maintained, clear rules and guidelines are established regarding the manner of its use, and the fundamental principles of due process—particularly equality of arms, the right to defense, and transparency in the proceedings—are respected. Ultimately, the study concludes that artificial intelligence can serve as a complementary tool in international arbitration, but it cannot replace human judgment.
Keywords : artificial intelligence international arbitration due process confidentiality of information decision making algorithms