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03 April 2026 / Daniel Kessler
Issue: 8156 / Categories: Features , Procedure & practice , Arbitration , Artificial intelligence , ADR , Technology , Dispute resolution
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Can AI be an arbitrator?

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English law assumes human arbitrators, but AI decision-makers may have a role to play, writes Daniel Kessler
  • Some litigants might accept the risk of an inaccurate decision, given the speed and cost benefits of AI arbitration.
  • The Arbitration Act 1996 would likely not recognise a decision made by an AI arbitrator, due to the drafting of the Act.
  • English law might, however, recognise a foreign-law AI award, although recognition could be resisted on public policy grounds.
  • Parties could also agree to a dispute resolution clause which uses AI determination, even if not enforceable as an ‘arbitration’.

Litigants may wish to resolve their disputes through artificial intelligence (AI). Documents could be uploaded to a platform like ChatGPT and the software invited to give a binding determination.

Many readers will doubt this process can yield a reliable result at present, and question whether AI technology will ever improve in the foreseeable future. In its favour, however, AI arbitration would be materially faster and cheaper than

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