Conference programme

In international arbitration, litigants commonly come from very different legal systems. When a French company retains counsel in the United States to initiate an international arbitration against a government or company in Asia, what evidentiary and procedural rules should govern the parties’ dispute? Most commonly, the answer is the Rules on the Taking of Evidence in International Arbitration, issued by the International Bar Association (IBA). The IBA Rules on the Taking of Evidence provides parties and arbitral tribunals from diverse legal backgrounds with uniform guidelines that seek to harmonise evidentiary and procedural principles of both civil law and common law jurisdictions so that the taking of evidence is fair, economical, and efficient.

The IBA Guidelines on Conflicts of Interest (the Guidelines) focus on when an arbitrator should disclose potential conflicts, as well as when he or she should simply not accept appointment. The Guidelines, even though non-binding, have become influential in the face of increasing challenges to international arbitrators and awards on the basis of arbitrator conflicts. The Guidelines are frequently considered by courts and arbitral institutions as providing relevant criteria for assessing the impartiality and independence of a challenged arbitrator.

Party representatives in international arbitration often hail from different legal backgrounds. Their behaviour may be subject to the bar rules of their home jurisdictions, but not all representatives are members of a bar and not all bar rules are applicable to arbitration proceedings conducted in a foreign jurisdiction. Thus, counsel acting in the same case might not be subject to the same rules of conduct, potentially creating an unlevel playing field when it comes to possible sanctions for misconduct. There is broad consensus that this situation should be addressed.

Artificial intelligence (AI) is transforming the legal profession. In the context of international arbitration, the work of all key service providers – from legal counsel to  arbitrators – is being transfigured by the technological revolution. Against this backdrop, AI is now poised to fundamentally change all aspects of the dispute resolution process. Lawyers can now rely on machines to complete legal research. Arbitrators can get a computer’s assessment of the merits of a dispute.

Join us for a discussion on how AI can be employed in international arbitration and the corresponding complications and implications that may arise for clients, lawyers and arbitrators.