X Welcome to International Affairs Forum

International Affairs Forum a platform to encourage a more complete understanding of the world's opinions on international relations and economics. It presents a cross-section of all-partisan mainstream content, from left to right and across the world.

By reading International Affairs Forum, not only explore pieces you agree with but pieces you don't agree with. Read the other side, challenge yourself, analyze, and share pieces with others. Most importantly, analyze the issues and discuss them civilly with others.

And, yes, send us your essay or editorial! Students are encouraged to participate.

Please enter and join the many International Affairs Forum participants who seek a better path toward addressing world issues.
Sat. February 21, 2026
Get Published   |   About Us   |   Donate   | Login
International Affairs Forum

Around the World, Across the Political Spectrum

Litigation and International Arbitration in the Age of Artificial Intelligence

Comments(0)

Artificial intelligence is no longer an auxiliary technological resource. It has become a structural component of contemporary legal practice. In international arbitration in particular, AI is reshaping not only procedural efficiency but the epistemological architecture of decision-making itself.

In my recent book, The Practice of Law and International Arbitration in the Age of Artificial Intelligence, I argue that AI must be understood not as a substitute for human judgment, but as a cognitive extension of it. From document analysis and predictive modelling to natural language processing and blockchain-assisted contracting, AI tools are redefining the operational reality of arbitral proceedings. Yet efficiency alone cannot justify their integration. The legitimacy of arbitration depends on fairness, transparency, and the preservation of procedural guarantees.

These themes are further developed in my article, Artificial Intelligence and International Arbitration: Ethical, Procedural and Regulatory Challenges under the New CIArb Guidelines, published in the Journal of Internet Law (Wolters Kluwer; February 2026). There, I examine the 2025 CIArb Guidelines as a pivotal normative moment in the governance of AI within arbitration. The Guidelines recognise the inevitability of technological integration while insisting upon principles of human oversight, accountability, data protection and procedural transparency.

The central tension is therefore clear: how can arbitral institutions and practitioners harness AI’s capacity to optimise evidence review, procedural management and decision support, without undermining party autonomy, equality of arms and the right to be heard?

AI-assisted arbitration introduces a fourth structural actor into proceedings: the algorithm. When algorithms assist in identifying relevant documents, modelling reasoning pathways or supporting drafting functions, they influence outcomes — even if indirectly. This raises questions that go beyond technical compliance. Can an award remain fully legitimate if essential analytical steps are shaped by systems whose internal logic may not be entirely transparent? Who bears responsibility when algorithmic tools materially affect legal reasoning?

Beyond efficiency, AI is also transforming the cognitive environment in which arbitration operates. Predictive systems can identify patterns in awards, litigation outcomes, and judicial behaviour, potentially influencing strategic choices long before a hearing begins. While this enhances analytical precision, it may also generate new asymmetries between technologically equipped parties and those with limited digital resources. In this sense, AI not only accelerates arbitration but subtly reshapes its balance of power.

Moreover, the regulatory landscape is evolving unevenly across jurisdictions. While the European Union advances a risk-based regulatory framework for AI and institutions such as CIArb provide soft-law guidance, other regions remain at the policy or strategy stage. This regulatory asymmetry creates additional complexity for international disputes involving multiple legal cultures and technological standards. Cross-border enforceability of awards may, in future, intersect with questions of algorithmic integrity and procedural transparency.

The debate, therefore, is not whether AI should be used in international arbitration — it already is. The true question is how to structure its use in a manner that enhances procedural integrity rather than dilutes it.

At the forthcoming conference Litigation and International Arbitration in the Age of AI (26 March 2026), hosted by the Global Academy for Future Governance – globally operating  consultancy organization with over 850 experts and 360 partners from 100 countries around the world, and its media partner IA-Forum, these issues will be addressed from a multidisciplinary perspective, examining legality, authenticity, morality, trust and compliance in the digital era.

The GAFG half-day conference will particularly emphasize professional responsibility, confidentiality and data protecting whilst dwelling on judicial attitudes towards AI assisted lawyering. It will contextualize how predictive analysis and generative technologies can find their space in the courtroom, in a manner that is both ethical yet futuristic.

The future of arbitration will not be decided by technology alone. It will depend on whether we succeed in aligning innovation with the foundational values of justice. Artificial intelligence can accelerate proceedings, expand access to justice and improve analytical rigour — but only if governed by coherent ethical and regulatory frameworks grounded in human responsibility.

The age of AI is not the end of human adjudication. It is a test of its resilience.

Dr Fernando Messias is a lawyer, arbitrator and mediator based in Lisbon, Portugal. He specialises in international arbitration, international trade law, corporate strategy and competition law, with extensive experience in complex cross-border disputes and commercial negotiations.

He holds an LL.M in International Trade Law and a Postgraduate Diploma in International Arbitration, a PhD in Tourism, and a Postdoctoral qualification in Psychology. He is a Member of the Chartered Institute of Arbitrators (CIArb).

Dr Messias is the author of The Practice of Law and International Arbitration in the Age of Artificial Intelligence (Springer, 2025), where he explores the intersection between AI, law and adjudication, with particular emphasis on ethical governance and procedural integrity.

Comments in Chronological order (0 total comments)

Report Abuse
Contact Us | About Us | Donate | Terms & Conditions X Facebook Get Alerts Get Published

All Rights Reserved. Copyright 2002 - 2026