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Book Review: Artificial Intelligence and International Arbitration Law: Revolution or Evolution

Introduction

Artificial Intelligence and International Arbitration Law:  Revolution or Evolution1Magdalena Łągiewska, Artificial Intelligence and International Arbitration Law:  Revolution or Evolution (2025).1 by Professor Magdalena Łągiewska is a very timely piece of scholarship on a topic of immense importance.  In fact, it would probably be no understatement to say that this book deals with an area of law that may very well be arbitration’s seminal issue of the day, namely the impact that artificial intelligence (AI) has, and will continue to have on the field of international arbitration.

Tackling a highly technical, and somewhat evocative subject such as this, quite obviously requires a level of thoughtfulness in order to succinctly deal with the complex issues at play.  It is this delicate balancing act that Professor Łągiewska treads with ease by providing the reader with a thought-provoking piece, which addresses the impact of AI on international arbitration in a prudent and well thought out fashion.

 

Book Review

The first chapter, titled Fourth Industrial Revolution' and International Commercial Arbitration, introduces the reader to the scholarship on AI and the literature1Magdelina Łągiewska’ Artificial Intelligence and International Arbitration Law:  Revolution or Evolution (2025), 5.1 surrounding what Schwab has called the “Fourth Industrial Revolution”2K. Schwab, The Fourth Industrial Revolution, World Economic Forum (2016), 12. (defining the “Fourth Industrial Revolution” as the convergence of AI, ubiquitous connectivity, and advanced digital technologies).2 and the various technologies that come with it, such as machine learning, large language models, and blockchain technology, to name but a few.  The chapter then addresses the effect the Fourth Industrial Revolution is having on the field of international arbitration.  By providing the reader with the background concerning the Fourth Industrial Revolution in addition to some context behind the various technologies that it utilizes, Professor Łągiewska lays the foundation for her analysis of the impact such developments have had on the field of international arbitration.  For instance, the technology which has been developed by the Fourth Industrial Revolution has, as Professor Łągiewska quite rightly points out, facilitated the rapid advancement of online dispute resolution (ODR) alongside an array of accompanying technologies, that have been referred to by scholars as the “Fourth Party” in dispute resolution,3Leah Wing, Janet Martinez, Ethan Katsh, & Collin Rule, Designing Ethical Online Dispute Resolution Systems:  The Rise of the Fourth Party, 37 Negot. J. 52 (2021).3 because of the way they interact with the dispute resolution process and its users more generally.  In addition to exploring the complex developments surrounding ODR, the chapter also looks at the lack of uniform standards concerning the use of AI in international arbitration, something that likely leads to a significant disparity in the field.  In addressing this issue, Professor Łągiewska quite rightly contends that arbitrators must have a degree of technological competence which not only extends to the conduct of hearings (some of which may be run entirely remotely) but also in respect of cybersecurity and issues pertaining to the data protection of all the parties concerned.

Chapter 2 continues the practical focus of the previous chapter but does so with an emphasis on the impact AI has and continues to have on arbitration’s various stakeholders.  More specifically, the chapter guides the reader through a variety of popular technologies that are already being utilized by arbitration practitioners today.  The chapter does this by taking the reader through various case studies such as the American Arbitration Association’s (AAA) Clause Builder AI Tool;4American Arbitration Association, AAA ClauseBuilder, available at https://www.clausebuilder.org/.4 Ross Intelligence,5Ross Intelligence, What is AI - ROSS Intelligence, available at https://www.rossintelligence.com/what-is-ai.5 an AI legal research tool developed by IBM; and Westlaw Edge,6Westlaw Edge, Westlaw Edge with AI Assisted Research, available at https://legal.thomsonreuters.com/en/products/westlaw-edge.6 a further AI legal research tool.  The author of this review found the case study of the AAA’s Clause Builder AI Tool particularly interesting given its ability to streamline the process of drafting arbitration and mediation clauses.  Chapter 2 also looks at the way in which AI powered tools can assist arbitrators at hearings using a variety of technologies that have been designed to increase efficiency, thereby allowing arbitrators to dedicate more of their time to a case’s more substantive issues.  Given the author of this review’s longstanding interest in the development of international arbitration in China, it was interesting to see attention drawn to the Guangzhou Arbitration Commission’s AI Assistant,7Magdelina Łągiewska’ Artificial Intelligence and International Arbitration Law:  Revolution or Evolution (2025), 57.7  which appears to have been used to great effect, particularly as it pertains to the expediting of various tasks such as translation and the summarizing of the parties’ positions.8Qui Quanlin, AI Arbitration Used for Dispute in Guangzhou, CHINA DAILY (Sept. 1, 2023), available at https://www.chinadaily.com.cn/a/202309/01/WS64f13406a310d2dce4bb34ad.html.8

With the previous chapters having provided some useful context with respect to the development of AI in international arbitration, Chapters 3 addresses the legal framework that seeks to regulate its usage.  Of note in this chapter is discussion concerning the Council of Europe’s Framework Convention on Artificial Intelligence and Human Rights, Democracy, and the Rule of Law,9Council of Europe Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law, Sept. 5, 2024, C.E.T.S. 225.9 which seeks to ensure that activities within the lifecycle of artificial intelligence systems are fully consistent with such principles.  The chapter also looks at the Artificial Intelligence Act Regulation (EU) 2024/1689, otherwise known as the EU AI Act,10Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 Laying Down Harmonised Rules on Artificial Intelligence and Amending Regulations (EC) No 300/2008, (EU) No 167/2013, (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1139 and (EU) 2019/2144 and Directives 2014/90/EU, (EU) 2016/797 and (EU) 2020/1828, 2024 O.J. (L. 12.7.2024) 1.10 which provides a risk-based AI classification system that can be employed in different applications.  The author also looks at various instruments of soft law that have arisen in the field of international arbitration, such as the AAA’s and International Centre for Dispute Resolution’s Principles11AAA-ICDR, Principles Supporting the use of AI in Alternative Dispute Resolution, 2023, available at https://jusmundi.com/en/document/rule/en-american-arbitration-association-international-centre-for-dispute-resolution-principles-supporting-the-use-of-ai-in-alternative-dispute-resolution-2023-aaa-icdr-principles-supporting-the-use-of-ai-in-adr-2023-wednesday-1st-november-2023; see also AAA-ICDR, AAAi Standards for AI in ADR, 2025, available at https://www.adr.org/media/sx2mjcdj/aaai_standards_for_ai_in_adr_.pdf.11 covering the use of AI in alternative dispute resolution, which was released back in 2023.  In addition to this interesting case study, the author also delves into the impact the Silicon Valley Arbitration and Mediation Centre’s Guidelines on the Use of Artificial Intelligence in Arbitration12Silicon Valley Arbitration and Mediation Center, Guidelines on the Use of Artificial Intelligence in Arbitration, Apr. 30, 2024, available at https://svamc.org/wp-content/uploads/SVAMC-AI-Guidelines-First-Edition.pdf.12 have had on the field in attempting to regulate the use of AI in international arbitration.  By analysing these case studies, the author is able to chronicle the response of the arbitration community to the groundbreaking developments posed by AI, which is particularly useful given the speed at which this area of enquiry has developed.

The final chapter of the book poses the question as to whether AI can be best characterised as a “revolution” or perhaps simply an “evolution” that has developed from previously existing technologies.  In looking at this question, the author addresses the important issue of human oversight or the concept of “human in the loop,” which is characterised by a continuous level of human involvement throughout a workflow undertaken by AI.  This chapter also looks at key considerations relating to the use of AI in international arbitration, such as transparency in the decision-making process and confidentiality of the arbitral proceedings, alongside a variety of ethical issues that undoubtedly arise through the use of AI, and, in particular, the contention that AI should never be used to replace human arbitrators.  This chapter is followed by the author’s concluding remarks which include several recommendations concerning the use and development of AI in international arbitration.  These recommendations are highly practical in nature, and, amongst other things, argue that arbitrators should be equipped with technical knowledge concerning AI and that arbitral rules should be amended to specifically regulate the use of AI, in addition to the recommendation of a framework similar to the IBA Guidelines on Conflicts of Interest in International Arbitration,13See IBA Guidelines on Conflicts of Interest in International Arbitration (2024), available at https://www.ibanet.org/document?id=Guidelines-on-Conflicts-of-Interest-in-International-Arbitration-2024.13 which is tailored to regulate the use of AI in international arbitration.  The writer of this review considers the concept of such guidelines to be an innovative solution to the highly contentious issue of the use of AI in the arbitral process. 

Conclusion

In summary, Artificial Intelligence and International Arbitration Law: Revolution or Evolution is a welcome piece of literature that contributes to the field of international arbitration through its timely analysis of the impact AI has, and continues to have, on the field of international arbitration.  Readers of this book will no doubt find themselves somewhat better informed as to the latest developments AI is having in the field, in addition to where we might be headed.

Endnotes

1Magdalena Łągiewska, Artificial Intelligence and International Arbitration Law:  Revolution or Evolution (2025).
2Magdelina Łągiewska’ Artificial Intelligence and International Arbitration Law:  Revolution or Evolution (2025), 5.
3K. Schwab, The Fourth Industrial Revolution, World Economic Forum (2016), 12. (defining the “Fourth Industrial Revolution” as the convergence of AI, ubiquitous connectivity, and advanced digital technologies).
4Leah Wing, Janet Martinez, Ethan Katsh, & Collin Rule, Designing Ethical Online Dispute Resolution Systems:  The Rise of the Fourth Party, 37 Negot. J. 52 (2021).
5American Arbitration Association, AAA ClauseBuilder, available at https://www.clausebuilder.org/.
6Ross Intelligence, What is AI - ROSS Intelligence, available at https://www.rossintelligence.com/what-is-ai.
7Westlaw Edge, Westlaw Edge with AI Assisted Research, available at https://legal.thomsonreuters.com/en/products/westlaw-edge.
8Magdelina Łągiewska’ Artificial Intelligence and International Arbitration Law:  Revolution or Evolution (2025), 57.
9Qui Quanlin, AI Arbitration Used for Dispute in Guangzhou, CHINA DAILY (Sept. 1, 2023), available at https://www.chinadaily.com.cn/a/202309/01/WS64f13406a310d2dce4bb34ad.html.
10Council of Europe Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law, Sept. 5, 2024, C.E.T.S. 225.
11Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 Laying Down Harmonised Rules on Artificial Intelligence and Amending Regulations (EC) No 300/2008, (EU) No 167/2013, (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1139 and (EU) 2019/2144 and Directives 2014/90/EU, (EU) 2016/797 and (EU) 2020/1828, 2024 O.J. (L. 12.7.2024) 1.
12AAA-ICDR, Principles Supporting the use of AI in Alternative Dispute Resolution, 2023, available at https://jusmundi.com/en/document/rule/en-american-arbitration-association-international-centre-for-dispute-resolution-principles-supporting-the-use-of-ai-in-alternative-dispute-resolution-2023-aaa-icdr-principles-supporting-the-use-of-ai-in-adr-2023-wednesday-1st-november-2023; see also AAA-ICDR, AAAi Standards for AI in ADR, 2025, available at https://www.adr.org/media/sx2mjcdj/aaai_standards_for_ai_in_adr_.pdf.
13Silicon Valley Arbitration and Mediation Center, Guidelines on the Use of Artificial Intelligence in Arbitration, Apr. 30, 2024, available at https://svamc.org/wp-content/uploads/SVAMC-AI-Guidelines-First-Edition.pdf.
14See IBA Guidelines on Conflicts of Interest in International Arbitration (2024), available at https://www.ibanet.org/document?id=Guidelines-on-Conflicts-of-Interest-in-International-Arbitration-2024.
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About the Contributor
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Associate, Mourant

Joel Evans is an Associate in Mourant’s Litigation team based in Jersey.

He has over six years of dispute resolution experience and previously worked at CEDR, and the Beijing office of a leading Chinese law firm, where he worked on various international arbitrations and cross-border disputes.

He is an Editorial Assistant at the Asian Dispute Review, an Assistant Editor at the ITA in Review, a contributor to the arbitration section of LexisNexis, and a former Fellow of the Arbitration Committee of the American Bar Association.

He speaks English and Mandarin Chinese.