The Use of Artificial Intelligence in International Commercial Arbitration and the Requirements of a Fair Trial: A Comparative Study in Light of the New York Convention and UNCITRAL Instruments

The increasingly widespread use of artificial intelligence in international commercial arbitration—ranging from the management and analysis of documents to the pre-drafting of awards—raises the fundamental question of whether this technology can be reconciled with the requirements of a fair trial. Adopting a descriptive–analytical method with a comparative approach, this study first delineates the concepts of artificial intelligence, international commercial arbitration, and a fair trial. It then identifies the various applications of intelligent technologies throughout the arbitral process and assesses their compatibility with the principles of arbitral independence and impartiality, the right to be heard, equality of arms, transparency, and confidentiality.The findings demonstrate that, so long as AI remains an auxiliary tool subject to the effective oversight of a human arbitrator, it not only fails to conflict with a fair trial but may also enhance the efficiency of proceedings. However, where AI becomes the ultimate decision-maker, lacking in explainability and accountability, the resulting award risks contravening the right to a fair hearing (due process) and public policy grounds under Article V(۲) of the New York Convention. The comparative examination of the laws of England, the United States, the European Union, and Iran likewise reveals a convergence of these systems on five shared principles: (i) human oversight and the prohibition of delegating adjudicative power; (ii) transparency and disclosure of the use of technology; (iii) the exclusive professional liability of the arbitrator; (iv) the equality of procedural means; and (v) conformity with public policy.

کلیدواژه ها:

Artificial Intelligence ، International Commercial Arbitration ، Fair Trial ، New York Convention ۱۹۵۸ ، UNCITRAL Model Law