Data-Related Disputes Nearly five billion people use social media. Last year saw the expansion of AI-based businesses, from search engines to data analytics to product development. Some of the most valuable data for AI-training sets includes photographs, names, birth dates, consumer preferences, and family histories that users have published online or otherwise made available. Companies…

The year 2023 bore witness to the rise of ChatGPT, a development which prompted a flurry of commentary on the implications of the use of generative artificial intelligence (AI) in international arbitration. Contributing writers continued to show interest in the resolution of blockchain-related disputes, as well as the development and use by arbitral institutions of…

2023 was another year of growth for arbitration in Australia, New Zealand, and the Pacific Islands. It saw developments in investment arbitration and disputes relating to climate change, efforts to improve gender and cultural diversity, debate and guidance on the use of artificial intelligence, and pro-arbitration jurisprudence. We explore some of these key themes below….

On 23 November 2023, Young Arbitrators Sweden (YAS) held its fifteenth annual Arbitration Day (Sw. skiljeförfarandedagen) at the historic Central Post Office Building (Sw. Posthuset), the home of the Stockholm International Hearing Centre (SIHC). This year, YAS celebrates a milestone of 20 years since its founding and the larger venue reflects the ongoing success of…

With a cybersecurity themed problem, this year’s Willem C. Vis International Commercial Arbitration Moot (Vis Moot) fittingly sets new rules regarding the use of artificial intelligence (AI) tools in the competition. Introduced by an AI-generated video of Professor Christopher Kee (one of the Vis Moot’s three directors), the Vis Moot’s new rules do not outright…

On November 17, 2023, Fordham Law School hosted its annual full-day Conference on International Arbitration and Mediation (“CIAM”), titled “Key Issues in International Dispute Resolution: 2023.”  The program concluded the fifth-annual New York Arbitration Week, which ran from November 13 through November 17, hosted by NYIAC and CIArbNY.  The program was a fitting capstone to…

For the centenary anniversary of the ICC International Court of Arbitration, this year’s ICC New York Conference on International Arbitration convened over 330 international arbitration practitioners, in-house counsel, academics, students, and outside counsel from 36 countries in the heart of New York City. As ICC Secretary General John W. H. Denton highlighted in his opening…

Over two hundred registrants convened on the historic trading floor of the Toronto Stock Exchange on October 19 for the ICC Canada Conference to explore forces and technologies driving change in the practice of international dispute resolution. The conference kicked-off with Myriam Seers’ (ICC Canada Chair, Agora) introduction to a video address from Claudia Salomon…

I recently had a conversation with a friend who expressed his worries about the potential implications of artificial intelligence (“AI”), such as ChatGPT, on the future of human labor. He voiced particular concerns regarding the displacement of humans’ roles in business analytics, the field in which his expertise lies. ChatGPT is an AI-driven chatbot that…

On October 17, the second day of Hong Kong Arbitration Week 2023, Davis Polk hosted a panel discussion entitled “Investor Information Rights: All Bark and No Bite? Managing Their Effectiveness”. The panel considered a hypothetical case study covering the life cycle of an equity investment into a renewable energy company and explored the legal and…

On the second day of Hong Kong Arbitration Week 2023, the ICC International Court of Arbitration (ICC) and the International Chamber of Commerce – Hong Kong (ICC-HK) hosted an in-person event on “Challenges of the 21st Century: Regulation of Use of AI in Dispute Resolution and Making ADR Work.” The event explored the appropriate techniques…

An unsteady camera lens captures figures enshrouded in the flickering semi-darkness of the room. Men in suits whisper in Spanish over a heavy wooden table. The Equatorian judge, his face captured by the concealed camera, stands up, signalling acceptance of the proposition: his decision for a $3 million bribe. This scene was forever etched into…

Following the morning session which explored the geopolitics of international arbitration, the next generation of dispute resolution and the freshly-minted draft SIAC Rules (see Part 1), the afternoon session probed into regional and topical dimensions of international arbitration through six technologically-driven and interactive panel discussions.   I. Regional Developments, Trends & Forecasts   Illuminating Top…

The prospect of integrating generative artificial intelligence (AI) into the adjudicatory decision-making process is not as distant as one might think. In February 2023, it was reported that a Colombian judge used ChatGPT in deciding a health insurance dispute. The judge asked both decisional and research questions and integrated those responses into his judgment. Another example comes…

Artificial intelligence (AI) has been used in international arbitration for quite some time now. Before the launch of ChatGPT in November 2022, there seemed to be an implied consensus that neither soft law nor regulation on the use of AI in arbitration was required. AI tools appeared to be considered as just one category of…

A black box artificial intelligence (“AI”) model is one “created directly from data by an algorithm, meaning that humans, even those who design them, cannot understand how variables are being combined to make predictions” (see a more detailed discussion here). That we do not understand the way an AI reaches its conclusions is creating discomfort…

London International Disputes Week (LIDW) 2023 main conference addressed various facets of international dispute resolution in a changing world. Looking back to the first edition of LIDW in 2019, when the main concern revolved around Brexit and the consequences of it on London as a leading place of arbitration and international litigation, the following editions…

Introduction ChatGPT is short for “Chat Generative Pre-Trained Transformer”.  It is an artificially intelligent text generation bot that can have a conversation.  It does so by using a language processing algorithm called a “Transformer”, which generates natural language responses to user input. There are various user platforms, for example, https://openai.com/blog/chatgpt.  ChatGPT is simple, like any…

Given the protean nature of technology, it has the propensity to evolve in ways that may surprise even the keenest observers. As such, the time is ripe to take stock of developments in relation to the new technologies discussed in our earlier article from 2018, such as Big Data, blockchain, machine learning and text mining,…

International arbitration is a prime example of the power and complexity of combined human minds. It is a marvel of human cooperation and ingenuity that strangers forego barbarism in favour of peaceful resolution – even more so when they do it cross-borders, on the unlikely belief that their interests will be guarded by yet another…

On the morning of Friday 16 September 2022, to the sound of the Star Wars theme, the first edition of the Future of Technology in Arbitration 2022 conference, a.k.a. FOTA22, officially began. Delving into many interesting topics, the organizers ensured plenty of opportunities for the participants to have an active say in what was being…

International Law Talk is a series of podcasts through which Wolters Kluwer provides the latest news and industry insights from thought leaders and experts in the fields of International Arbitration, IP Law, International Tax Law and Competition Law. Here at Kluwer Arbitration Blog, we highlight the podcasts focused on international arbitration. In this latest episode,…

The second day of the ICCA Congress took place on Tuesday, September 20. Delegates gathered in the morning for the presentation of the inaugural ICCA Guillermo Aguilar-Alvarez Memorial Prize, established in honour of former ICCA Governing Board Member Guillermo Aguilar-Alvarez. Professor Stefano Azzali said a few words on the life and career of Guillermo, fondly…

The first full day of the ICCA Congress took place on Monday, September 19. Delegates gathered early in the morning for a keynote speech by Louise Arbour, former Canadian diplomat, Justice of the Supreme Court of Canada, High Commissioner for Refugees, Chief Prosecutor for the Yugoslavia and Rwanda Tribunals and current Senior Counsel at BLG….