Generative AI Risks in Remote Hearings: Summary of Key Insights from Sean McCarthy's Arbitration Tech Toolbox

The article "Arbitration Tech Toolbox: Is Generative AI Now the Biggest Threat to Remote Hearings?" by Sean McCarthy, published on the Kluwer Arbitration Blog, delves into the emergent risks associated with generative AI technologies in the context of remote arbitration. McCarthy highlights the rise of deepfake video AI technologies, such as HeyGen's 'Instant Avatars', which create lifelike avatars from short video recordings. These technologies pose significant practical and conceptual challenges, particularly concerning the authenticity of witness testimonies in arbitration proceedings conducted remotely.

The article examines how the development of Generative Adversarial Networks (GANs) has led to advances in creating highly realistic avatars that can mimic human facial expressions, speech, and even translate spoken content into multiple languages while aligning lip movements accurately. This capability raises concerns about the potential for manipulating witness testimonies using such avatars, thus undermining the integrity of the arbitration process.

McCarthy also discusses current limitations in detecting real-time deepfakes, emphasizing the need for updating virtual hearing protocols and educating practitioners on the technical aspects and potential pitfalls of AI-generated media. He calls for an "arms race" in technological development to create tools that can effectively identify and counteract the misuse of deepfake technologies in legal settings.

The full article, providing a deeper insight into these technologies and their implications for international arbitration, is available on the Kluwer Arbitration Blog.

Sean McCarthy

Sean McCarthy is an Irish barrister, New York attorney and founder of independent consultancy, Aegis Arbitration. Sean is also a co-founder and moderator for ArbTech.

He is a former Deputy Counsel at the ICC Secretariat in Paris, current ICC YAAF Representative for Ireland and the UK, and Co-Chair of Young Practitioners Arbitration Ireland.

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