Artificial intelligence (“AI”) is increasingly being used in international arbitration for legal research, document review, translation, and drafting. However, its use becomes difficult to assess when an arbitrator turns to AI not merely to process information, but to obtain a view on a legal issue that the tribunal must decide. There is presently no generally […]
Security for Costs in Investment Arbitration
Security for costs has become an increasingly important procedural issue in investment arbitration. A respondent State may spend millions defending a treaty claim and, even after prevailing and obtaining a costs award, remain exposed to non-recovery where the claimant is insolvent or has few assets against which the award can be enforced. Security for costs […]
Behind the Curtain: A Step-by-Step Guide to LCIA Arbitration
Despite its name, the London Court of International Arbitration (“LCIA”) is not a judicial court and does not itself decide the parties’ dispute. It is an independent arbitral institution that administers proceedings under the LCIA Arbitration Rules. Through its Secretariat and LCIA Court, it performs important institutional functions, including administering the case, facilitating the constitution […]
Behind the Curtain: A Step-by-Step Guide to SIAC Arbitration under the 2025 Rules
Choosing SIAC arbitration determines far more than the institution that will administer a dispute. It places the parties within a procedural framework that shapes how the arbitration is commenced, how the tribunal is constituted, how urgent applications are handled, how evidence is presented and, ultimately, how the award is rendered. The 2025 SIAC Arbitration Rules […]
Who Bears Responsibility for AI in Arbitration? The EU AI Act and the Role of Arbitral Institutions
Regulation (EU) 2024/1689 (the “AI Act”), approved by the Council of the European Union on 21 May 2024[1] and entered into force on 1 August 2024,[2] is a regulation on artificial intelligence (“AI”) that establishes extensive legal requirements in relation to AI systems classified as “high-risk”.[3] In support of the AI Act, the European Commission […]