Constitutional AI in International Arbitration: What It Is—and Why It Matters Now

As AI becomes woven into the fabric of legal practice, international arbitration must shift focus from if to how we adopt it—and crucially, under what framework.

Enter Constitutional AI.

This methodology, popularized by researchers including those at Anthropic, embeds ethical and governance principles—like fairness, transparency, and human oversight—directly into AI systems. For arbitration, which hinges on confidentiality, impartiality, and party autonomy, Constitutional AI offers a path to responsibly integrate powerful tools without undermining core values.

Fernanda is a solicitor of England and Wales and a qualified lawyer in Brazil. She holds a BCL/MJur degree from the University of Oxford, a Law Bachelor from the University of São Paulo and a Post-graduatuon diplome in Data and Artigicial Intelligence from PUC/PR. She is a member of Oxford AI Society and of the International Fellowship of Restorative Justice Facilitators. She is currently an Associate at the Dispute Resolution and Investigations practice at Slaughter and May in London.

What Is Constitutional AI?

Large language models (LLMs) like ChatGPT are built on massive datasets—but that power comes with risks: bias, unpredictability, and opaque decision-making.

Constitutional AI combats this by training models under a set of internal “constitutional” rules. These rules promote ethical behavior, non-discrimination, and truthful outputs. In essence, they turn AI systems into agents constrained by explicit, values-based guardrails—much like arbitrators are bound by codes of conduct.

Why It Matters for Arbitration

Bias Control

By design, Constitutional AI helps prevent AI from producing biased or factually incorrect outputs—critical in a profession where impartiality is non-negotiable.

Explainability

AI is only useful if its reasoning is transparent. Constitutional AI builds in mechanisms for clearer explanations, making results more auditable and trustworthy.

Built-In Human Oversight

Rather than replace human judgment, Constitutional AI reinforces it—ensuring AI tools support, rather than supplant, arbitral decision-making.

Due Process Alignment

By limiting outputs that might violate confidentiality or autonomy, Constitutional AI helps align AI use with fundamental arbitration principles.

What Practitioners Can Do Today

1. Adopt disclosure protocols. Like expert witnesses, AI tools should be disclosed when they materially influence analysis or outcomes. Include details on the tool, usage context, and extent of impact.

2. Establish institutional policies. Arbitral institutions should develop ethical AI use frameworks, addressing transparency, consent, and permissible scope.

3. Invest in AI literacy. Awareness isn’t optional—arbitrators, counsel, and tribunal secretaries need to understand LLM capabilities and limitations.

4. Keep the human in command. Even the most advanced Constitutional AI tools should augment—not determine—key legal decisions.

A Note from Fernanda

In the clip below, Fernanda shares her perspective on why Constitutional AI isn’t just a technical innovation—it’s a necessary framework for safeguarding the integrity of international arbitration. Her reflections underscore the importance of embedding ethical boundaries and human values into the design of AI tools used in legal decision-making.

Final Take

Rather than a mere buzzword, Constitutional AI supplies a blueprint for ethically grounded AI integration in arbitration. By combining robust governance, human oversight, and transparency, we can ensure AI enhances—not undermines—the fairness and trust at arbitration’s core.

Let’s move forward confidently—not just AI-powered, but constitutionally guided.

Read the original Kluwer post:

What is Constitutional AI and Why Does it Matter for International Arbitration?, Kluwer Arbitration Blog (7 June 2025)