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Making room for AI in arbitration

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As the EU Artificial Intelligence Act rolls out, Gustavo Moser sets out a practical checklist for managing AI usage in arbitration 
  • The EU AI Act introduces comprehensive compliance standards that will influence international arbitration practices.
  • Establishing robust arbitration agreements and procedural orders will serve as guardrails for arbitral proceedings, effectively communicating the ground rules for managing AI’s role within the arbitration landscape.
  • With penalties for non-compliance set to begin in August 2025, timely adaptation is imperative for maintaining the integrity of the arbitration process.

The EU Artificial Intelligence Act (the ‘AI Act’), which became law on 1 August 2024, established regulations that will reshape the landscape of artificial intelligence (AI) across various sectors, including international arbitration. Most provisions will apply from 2025/26.

As the EU moves forward with implementing this legislation, arbitration stakeholders must navigate its complexities and ensure compliance with the AI Act’s robust standards. While arbitrators may feel the most immediate impact, party counsel must also grasp the implications for their

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