Switzerland: Arbitration & Dispute Resolution

Artificial intelligence is increasingly being used in international arbitration for legal research, document review, 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. This article examines emerging guidance on whether arbitrators can ask AI for its opinion on legal questions and explores the boundaries between AI as a research tool and AI as a decision-maker.

Artificial intelligence has made it easier than ever to create convincing fake videos, audio recordings, and images—raising urgent questions about how international arbitration tribunals should handle disputed audiovisual evidence. As deepfakes become more sophisticated and harder to detect, arbitrators face a growing challenge: determining not just what weight to give evidence, but whether that evidence is authentic at all.

Mediators live with the possibility of impasse – the point at which parties stop moving toward agreement, stop exchanging meaningful offers, and dig in on their positions and demands.