Rethinking Regulation: Integrating Large Language Models in International Arbitration

Abstract

The article is devoted to the relevant from theoretical and practical points of view issue of using so-called Large Language Models (LLMs) in international arbitration as a type of general-purpose artificial intelligence (AI) aimed at speech recognition and selection of answers with the highest probability, such as ChatGPT, Bildi, Gemini, etc. The purpose of the article is to analyse the challenges arising from the use of LLMs in international arbitration and to develop recommendations for their proper and bona fide application. The article uses the following research methods: the dialectical method (for studying the nature and content of LLMs and the specifics of their application in international arbitration), the method of analysis and synthesis (for analysing and systematising the main challenges of using LLMs in international arbitration), the systemic and structural method (for characterising the right to a fair trial and analysing the specifics of its application in international arbitration), comparative legal method (for examining the provisions of the legislation of certain countries regulating the functioning of international arbitration).Through the prism of the provisions of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958) and the UNCITRAL Model Law on International Commercial Arbitration (1985), the article examines the main challenges of using LLMs in arbitration, in particular, the need to comply with the requirements of due process and ensure guarantees of the right to a fair trial, the reasoning of arbitral awards, arbitrator impartiality and confidentiality, as well as the right to be heard in arbitration. The authors have analysed specific guidelines on the use of AI in international arbitration in certain institutions, in particular, the Silicon Valley Arbitration and Mediation Center (SVAMC) Guidelines on the Use of AI in Arbitration. This allowed the authors to propose a Checklist for the use of LLMs in international arbitration, which can be applied to the bona fide use of AI in international arbitration proceedings.