AI-Assisted Awards and the New York Convention: A Debate on the Future of Enforcement

13 Jul

Can an arbitral award remain enforceable if artificial intelligence played a significant role in drafting—or even shaping—the decision? As AI becomes increasingly integrated into arbitration, this question is rapidly moving from academic debate to practical reality.

A new debate published on the Kluwer Arbitration Blog brings together Federico Ast, Sophie Nappert and Pietro Ortolani to examine how the 1958 New York Convention may apply to AI-assisted arbitral awards and whether its existing framework is equipped to address this new generation of technology.

The discussion comes at a particularly significant moment. AI-assisted arbitration tools are beginning to emerge, and courts are already considering cases involving AI-generated errors in judicial decision-making. As these technologies become more sophisticated, questions surrounding enforceability, procedural integrity and human oversight are likely to become increasingly important.

The debate explores several fundamental questions, including:

• Whether an arbitral award must ultimately be the product of human judgment.

• How much AI assistance is compatible with an arbitrator's personal mandate.

• Whether AI-generated reasoning could affect the validity or enforceability of an award.

• How existing disclosure and challenge mechanisms apply to algorithmic bias.

• Whether parties can consent to AI-assisted decision-making without compromising enforcement.

• Whether the New York Convention itself remains sufficiently flexible to accommodate these developments.

Despite offering differing perspectives, the contributors broadly agree that the New York Convention remains remarkably resilient. Rather than requiring amendments to the Convention itself, they suggest that future practice should focus on clearer guidance surrounding transparency, human oversight, procedural safeguards and responsible AI governance.

The debate also raises broader questions about the future of dispute resolution: as AI becomes more capable of supporting legal reasoning, how should arbitration balance technological innovation with the principles of procedural fairness, party autonomy and the rule of law?

This timely discussion provides valuable insight into one of the most important emerging issues facing international arbitration and legal technology.

Read the full debate to explore how leading practitioners and academics believe AI may reshape the enforcement of arbitral awards under the New York Convention.