VIAC Publishes a Note on the Use of AI in Arbitration Proceedings

Given how rapidly the tech sector is growing, accelerated digital transformation and innovation will continue to impact the ADR landscape in years to come. Both opportunities and risks arise from the use of AI in the context of arbitration proceedings.

To ensure that VIAC is fit for the future, the Legal Tech Think Tank (LTTT) met regularly throughout 2024 to consider potential risks the use of AI tools might pose in arbitration proceedings. A tangible outcome of these discussions is the publication of the VIAC Note on AI, released as part of VIAC’s 50 Years Anniversary Celebration.

VIAC’s Note on AI is non-binding and should be tailored to the specific needs of the case, ensuring that the use of AI enhances, rather than impairs the efficiency and effectiveness of the arbitral proceedings. The Note encourages arbitrators to use AI tools responsibly, in line with ethical standards and professional duties, while maintaining confidentiality and procedural fairness. Along with supporting arbitrators on integrating AI tools into their workflow, the VIAC Note on AI aims to equip them with a broader framework for managing the use of AI in arbitration proceedings as a whole. This encompasses regulating its application by parties, counsel, and other participants, e.g. in relation to the production of evidence. 

This initiative was spearheaded by a working group consisting of the VIAC Secretary General Niamh Leinwather, VIAC CAN Coordinator Vladyslava Donchyk, and LTTT members Mihaela Apostol, Aija Lejniece, Sean McCarthy, Philipp Schwarz, and David Tebel.