Committee Newsletters

AI = Arbitrators’ Intelligence - Technical and Legal Limitations on Using AI

August 17, 2026

International Arbitration

By Dr. Anton G. Maurer

Arbitrators should think of AI as Arbitrators’ Intelligence. This article explains that arbitrators should consider the technical and legal limitations when using AI. If arbitrators use AI for decision relevant tasks without the explicit consent of all the parties, the arbitral award could be set aside or not be enforced based on Art. V of the New York Convention. Specifically, the Superior Court of Québec showed in its decision of April 22, 2026, how a losing party may successfully attack an award on illegal use of AI by arbitrators in making the decision or drafting the award. 

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