Cogito ergo (intelligens) sum? Artificial Intelligence and international arbitration: who would set out the rules of the game? - Iurgium [previously Spain Arbitration Review] View Cogito ergo (intelligens) sum? Artificial Intelligence and international arbitration: who would set out the rules of the game? by - Iurgium [previously Spain Arbitration Review] Cogito ergo (intelligens) sum? Artificial Intelligence and international arbitration: who would set out the rules of the game? 2022 43

What does it mean to be intelligent? The widespread use and potential greater use of artificial intelligence (AI) raises complex legal, societal and ethical questions also within the field of international arbitration. What is the state of the regulation? Is there a need for further rules and, if yes, who would be best placed to set them: national governments, the business world, international organizations, or arbitral institutions? Following a brief introduction on a few technical definitions and of the areas of international arbitration where AI-tools are already used or could be used in the medium-long term, this article will focus on the need for rules and principles to harness the benefits of AI while safeguarding international arbitration’s fundamentals: fair trial, due process, equality of arms, independence and impartiality of adjudicators, adversarial principle, party autonomy.

Iurgium [previously Spain Arbitration Review]