Joint Cross-Institutional Initiative on the Draft EU AI Act Guidelines

15 Jul

Leading international arbitration institutions have come together to submit a joint response to the European Commission's draft Guidelines on the classification of high-risk AI systems under the EU AI Act. The initiative highlights several areas where the draft guidance could better reflect the realities of international arbitration and the distinct role of arbitral institutions.

The proposed submission argues that arbitral institutions should not be treated in the same way as arbitral tribunals for the purposes of the AI Act. While tribunals perform adjudicative functions by deciding disputes, arbitral institutions provide administrative and organisational support, such as case management, tribunal appointments and procedural administration. The coalition suggests that this distinction should be reflected in the final Guidelines to ensure that regulatory obligations are applied to the appropriate actors.

The initiative also encourages the European Commission to reconsider how investment dispute bodies are characterised within the draft and to align the treatment of arbitral institutions with the existing approach to judicial administration under the AI Act. These clarifications, the signatories argue, would provide greater legal certainty while recognising the operational realities of international dispute resolution.

The joint letter is supported by a number of leading arbitral institutions, including the LCIA, ICC, SCC, DIS, Swiss Arbitration Centre and VIAC, demonstrating a coordinated effort across the arbitration community to contribute to the development of practical and effective AI regulation.

Read the full article for the complete draft letter, detailed recommendations and the full list of participating institutions.