HomeInsightsAI and Arbitration: Ciarb launches call for feedback on guidance

The Chartered Institute of Arbitrators (Ciarb) has launched a call for feedback on its Guideline on the Use of AI in Arbitration.

The use of AI in dispute resolution has been a hot topic in recent months. For example, we have previously commented on warnings from the Court about how to use AI responsibly in proceedings following examples of practitioners citing fictional authorities. At the same time, guidance has been issued for the judiciary, and the Civil Justice Council is consulting on the use of AI to produce court documents.

Outside of court proceedings, the first attempt to produce a set of standards on the use of AI in international arbitration was (appropriately) published by the Silicon Valley Arbitration and Mediation Centre. Soon, the Ciarb followed suit, publishing its own Guideline which aimed to “give guidance on the use of AI in a manner that allows dispute resolvers, parties, their representatives, and other participants to take advantage of the benefits of AI, while supporting practical efforts to mitigate some of the risk to the integrity of the process, any party’s procedural rights, and the enforceability of any ensuing award or settlement agreement”.

As would be expected, the Guideline does not “supersede any applicable laws, regulations or policies, or institutional rules related to the use of AI in an arbitration”. However, it provides practical guidance on how AI can be used effectively in arbitration proceedings.

Fundamentally, the Guideline makes clear that “the use of AI by parties falls within the general power of arbitrators to conduct the proceedings including giving directions and making procedural rulings”. That said, arbitrators are not expected to regulate the private use of AI by parties unless such use is likely to “interfere with the proceedings and the integrity of the arbitration process”. In those circumstances, arbitrators may require disclosure of the use of AI tools, regulate such use, and rule on whether AI-assisted or AI-generated content may be admitted to the record.

In addition to setting out guidance on how both parties and arbitrators may use AI, the Guideline also includes a draft ‘Agreement on the use of AI in Arbitration’ and accompanying procedural order.

Now that the Guideline has been in place for a year, Ciarb is seeking views on how useful it has proved to be for parties, and the extent to which it may require clarification, update, or revision.

The deadline for submissions is 26 May 2026, and more information can be found here.